Almost one year ago my exhusband and I went through mediation. He offered that i could see my son (2yrs) every day from 9am - 5pm and every other weekend from friday 9am until sunday 5pm if he can have full custody and I won't claim the money he would have to pay by law (ca:$370,000.00 and alimony....) After asking my attorney for advise and his answer ( well.... you never wanted the money.....you just wanted to be with your son), I agreed.... on the terms that after one year we will renegotiate the visitation to adjust them to new circumstances. Within this year my exhusband shortened the time step by step until he eliminated it completely. I am desperate. I miss my son so much. every single minute of each day. I can't talk about it, I can't think about it, because it hurts so bad. I haven't talked to my own parents for months because it would break their heart to know. I lost all confidence in the law, I def. lost confidence in my attorney.... where or to whom can I turn to?
2007-05-18 08:20:00 · 10 answers · asked by fun_fatale82 1 in Family & Relationships ➔ Marriage & Divorce
I know it would break your parents hearts, but you have to let them know. You need people around you that will be behind you and support you emotionally. If the child custody was done through the courts then your ex is in contempt. I would contact another attorney, explain the situation and go from there. If that doesn't work, contact someone in the legal profession and find out what you can do. Start calling lawyers or CASA (Court Appointed Special Advocates). Your parents may even know someone who can help. But don't give up!!
2007-05-18 08:38:01 · answer #1 · answered by Amy L 4 · 0⤊ 0⤋
First, dont blame the law for an agreement you and your ex made. Your attorney probably only agreed with you. You just need to sit down and put on paper exactly what it is you want and then present your desires in court. Also write dwn what you are willing to compromise on a you wll definitely have to compromise on some areas to obtain what you really want. Hopefully this makes some sense to you. You dont nee som high priced attorney to convey your desires to court. You will need to present the best you that you can portray and dont lose your patience/cool and answer the judges questions with confidence and stay away from the "I dont knows and maybes", so do your homework and put everything down on paper so you wont get confused. Think of every little detail that he may come up with. The better prepared you are the better in court you will be. Dont get over emotional when it comes to your son. Remember youre trying to impress the Judge with the best mother image you can portray for your sons sake. You can do it! Also try not to downgrade the law and attorneys because the Judge was once an attorney and youll be fine
2007-05-18 08:40:43 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
To ease your mind you may want to consult a Florida family law lawyer since it seems Florida is the child place of residency, therefore has jurisdiction over child custody issues at this period of time In general a 12 year old does not have the final say as in which parent has custodial custody, the judge may take into account the child wishes but at 12 the weight given to those wishes is slight at best, now if we where talking 16 it maybe a whole different outcome So highly doubt if your ex in four years goes into Florida court to modify the custody order seeking primary parent he would be successful, absent some material change in your current home environment
2016-05-22 09:20:06 · answer #3 · answered by nellie 4 · 0⤊ 0⤋
Let's start with this legal statement....
Ongoing and meaningful contact with BOTH parents is in the best interest of the child.
Sorry, but a 50\50 split on time is probably the best thing for your child. A divorce is ugly, but a child needs both parents.
I have three kids and I am divorced. It is not the best situation, but having the kids half the time and NOT HAVING PARENTS FIGHTING with each other is probably the best for the children. Kids need both mom's and dad's.
Yes, you miss your child when they are not with you, but your ex probably feels the same way. Both of you need to do what is best for your child.
Now, with that being said....Financially I would go after every single penny that i was entitled to. Your child will need things in life, and possibley want to go to college some day. The amount of money you are discussing could put them through college....
Get a new attorney, on specializing in child custody, that has an office very near to the court house. they know the judges since they see them every day.
Good luck.
2007-05-18 08:29:22 · answer #4 · answered by flyfish_777 4 · 0⤊ 0⤋
You said that you went through mediation? If so, you should have a report from Family Concilliation. You need to file a motion into court for access, using mediation as proof of an agreement. You may even want to suggest to go back into mediation in order to discuss why the circumstances have changed with your access agreement.
Have a consent order drawn up with details regarding days and times. This way if he attempts to cut off your access stated in the court order, you can take him back to court and he can answer to a judge.
You have the right to represent yourself or you may want to consider obltaining legal advice and have someone point you in the right direction as to how to file court documents.
2007-05-18 08:38:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The law is on your side more than you think. Definitely find a new attorney. Did your previous attorney have a connection to your ex husband or his attorney? I really find it hard to believe he was representing your best interest. I know my attorney kept getting upset with me because I didnt want to fight with my ex and kept giving in on a lot. Finally listened to him and ended up with a lot more than I was even asking for.
Good Luck and you have every right to your son!
2007-05-18 08:33:53 · answer #6 · answered by linda m 3 · 0⤊ 0⤋
Lady, you got a problem. Your exhusband can't eliminate you visiting your son all on his own. You allowed this to happen. He has to abide by the court order or go to jail. I suggest you get a good lawyer and get one now. Not to beat you down but it sounds like you're a pushover and a wimp. You need to cut those traits loose right now.
2007-05-18 08:30:24 · answer #7 · answered by Lilith 4 · 0⤊ 0⤋
get a new attorney & fight for u son......thats ur son & if u where a good mother then i dont see why that as*ole exhusband of urs is being a di*k? fight for ur son, a mother needs her kids, i dont know what i would do his they take away my 2 boys....ill go crazy without them........good luck hun & god bless u
2007-05-18 08:26:09 · answer #8 · answered by ~i love my boys~ 3 · 0⤊ 0⤋
Don't be a doormat. Stand up for yourself. Get a new attorney. If that one doesn't help you, get another one. Don't give up. May God bless you and help you.
2007-05-18 08:26:12 · answer #9 · answered by mamabear 6 · 0⤊ 0⤋
www.911-legalhelp.com has got good child custody attorneys. You can take help from them.
2007-05-21 22:06:18 · answer #10 · answered by james 3 · 0⤊ 0⤋