5 years ago in not getting custody of my son after the abduction....I have ample grounds to file now...violations of custody and visitation ...neglect...my son wants to live with me....he is 8...she lies to him....treats me like dirt...there was NO CHEATING - on my part at least...he can't stand her BF (fiance') and my son wants out...we live 5 minutes apart...Joint legal CCustody and Joint Residential...I did not want to hurt her 5 years ago...but now...I know that she was able to run all over me in court then becasue of how I felt about her...that got me into big trouble...losing time with my son...he is with me evry other Fri to Mon morning, Wed overnite and dinner another night on her weekend...he wants out...and insists to live with me...he loves his mother but is scared of her temper....he cant tell her how he really feels...in counseling, "I don't like how my mom is treating my dad". Should I do now what I should have done 5 years ago after she abducted him and go after custody?
2007-03-01 07:15:11 · 5 answers · asked by RealEYES 1 in Family & Relationships ➔ Marriage & Divorce
Wait until he is 12 years old (depending on your state). He can tell the judge where he wants to live.
For now, unless there is child abuse or child endagerment or neglect and you camn provide PROFF of yoru allegations... then don't bother. Your son not liking the mother's boyfriend is no grounds to remove custody of the child from her. Don't waste yoru money or time if you don't have no physical evidence of neglect or abuse.
You cannot go back on a case that has been closed. You have your fair share of your son, if youwould like more time with him try to negotiate amicably with her, or wait, in a few short years yoru child can go to court and tell a judge where he wants to go.
Good luck
2007-03-01 07:23:42 · answer #1 · answered by Blunt 7 · 0⤊ 0⤋
This is something you have to discuss with your son's mom. Talk to her, tell her what your son is telling you. How scared he is of her temper, you never know, maybe she is having problems. Before you decide to take her to court, you two should talk about your son. He is the most important person here. A mother never wants to be seperated from her kids, so give her a chance to see what is going on. Sometimes people get so wrapped up on the everyday life and problems that they don't see how it is affecting everybody else. Talk to her, if she is the type of person you can still talk to and if you know she loves your son then talk ! If after you see no change and your son is still scared of her, then she is having some issues and then you should let her know that you are planning to take her to court if she doesn't shape up.
Good Luck, and just remember that your son loves both of you so don't make things more difficult for him and both of you.
2007-03-01 07:44:16 · answer #2 · answered by Life Is Amazing 3 · 0⤊ 0⤋
This is something you should be discussing with a counselor and a lawyer. The majority of us on board are not the best people to answer that question. I'm glad your son is in counseling. You need to go by your gut feelings, but I would definitely talk to both a counselor and a lawyer.
2007-03-01 07:20:39 · answer #3 · answered by janetrmi 5 · 1⤊ 0⤋
Yes. They should asign him a guardian ad item (sp) to whom he can speak freely to about his concerns with is mother. It's never too late to go back to court and change things. Talk to a lawyer about this and get the kid back on solid ground.
2007-03-01 07:22:11 · answer #4 · answered by mayihelpyou 5 · 0⤊ 0⤋
Consult with the best lawyer you can find, he is the only one who can tell you what you can and can't do in this type of situation. Hope you can get your son.
2007-03-01 07:40:46 · answer #5 · answered by Annie 6 · 0⤊ 0⤋