1stimer
recently joined
Reged: 01/14/08
Posts: 17
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@Phoenix - Sorry you think my story stinks. Thanks for your compassion. My lawyer knows the judge very well and has had many cases before him - he's been practicing for 38 years in the same city and knows nearly everybody in the local legal system. I'd think that would give him a basis for an educated opinion. I didn't say that she HAD to bring him back and neither did my lawyer - but in his opinion it would not look good for her to take him from his accustomed surroundings and that the particular judge would not look favorably upon same.
The STBX has told the school that I cannot pick him up without her permission.
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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Then go to the school and call the police and file a report.
No "public" school can keep a father away from his child w/o a court order.
Didn't your experienced lawyer tell you that?
I still say there must be more to this story... The facts aren't adding up.
Good Luck though, no parent should be kept from his child. Make sure visitation is one of the 1st things on your agenda at your court date.
PS: You wouldn't have to suffer w/ just my opinion if you post your thread in a more appropriate forum...
Obviously, this has nothing to do w/ cohabitation and doesn't belong in this section...
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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1stimer
recently joined
Reged: 01/14/08
Posts: 17
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Yep - I know it has grown from a cohabitation issue with this thread -- and I know I could pick him up from school.
I'm replying here - in this forum - since I had asked in Men's Rights and keep getting more helpful (for the most part) advice in this thread.
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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Uggh... In Men's Rights forum... It is guaranteed that your thread will be hijacked and it will quickly decend into a name-calling kindergarten fiasco...
The best place for you to post would be the custody and visitation forum. Relayer, Gr8Dad, GoogleDad and several of the other men have successfully won in court to have either generous visitation and/or custody of their child.
I would be interested to here their advice for you in your situation.
Lastly, have you talked or seen your son since all this has happened? Your child went from you being his primary caregiver to not seeing you at all? He must be very confused. And you have made no effort to get him at school?
Here is my number one worry for you. Your lawyer must have told you about the dreaded "status quo"... Judges loathe to change things. Therefore if she has him on the day of your court date. She will probably keep him for the pendency of the divorce process. You end up w/ a higher hurdle having to prove why it should be changed if the child is doing just fine there.
You should start a new thread on the custody/visitation forum... That group can be so helpful but try and give all the pertinent facts because they won't accept a story that doesn't make sense.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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1stimer
recently joined
Reged: 01/14/08
Posts: 17
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Thanks for the advice - yes I did get to see him yesterday. She brought him by yesterday after school briefly for a short visit. We haven't told him what's happening yet - we are going to tonight - they are coming to visit again. We are trying to keep things civil and as amicable as possible (at this point anyways). Neither one of us wants this to be an ugly, nasty process - she went through that with her previous divorce and is still suffering from it. And we both want what's best for our son. There is still a viable chance of reconciliation - therefore I am not wanting to anger her too much yet - she can have quite a temper... but I truly believe staying together would be best for our son.
It does seem the co-habitation issue is on hold for a bit as she is not here and she nor the in-laws aren't threatening to kick me out as of yet. But that will be coming at the end of the month I'm sure... just trying to take it as it comes a day at a time right now.
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star123
newbie
Reged: 01/28/08
Posts: 45
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I would not go the lawyer route. You think you're broke now? Try paying someone for the air they breathe at $200 an hour.
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