QUESTION
What can I do to get custody of my son if my ex girlfriend refuses to let me see my son after ten years?
Asked on Apr 13th, 2014 on Child Custody - Louisiana
More details to this question:
My ex girlfriend refuses to let me see my son after ten years. We did not have a custody agreement. And my 10 year old son wants to come and live with me. What are the chances of me getting custody?
6 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
2 Awards
In North Carolina, if you waited around for 10 years before taking any action - you may have a tough time getting custody and in fact, you may have likely subjected yourself to having your parental rights terminated. If you mean she recently started denying visitation after 10 years without problems, then all things being equal your odds are greatly improved. Regardless you will need an attorney, so consult with one ASAP.
Answered on Apr 15th, 2014 at 4:25 AM
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If you were never married to the mother of your son, you need to initiate an action for paternity which should include your proposed parenting plan and time-sharing schedule with your son. I suggest that you consult with a family law attorney on moving forward with an action for paternity. Without a paternity action, the mother has all the time-sharing and decision-making authority over your son and shares only in your legal obligation to financially support your child.
Answered on Apr 14th, 2014 at 11:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You will have to talk with a local family law attorney and go over all of the facts regarding the case. Assuming that you are a good guy, non-drug user and don't have anger issues, you should at least get substantial visitation. However, given mom's attitude, that is actually in your favor. But you won't know until you get in front of the judge.
Answered on Apr 14th, 2014 at 4:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to go to court, perhaps establish paternity, and seek a custody, parenting time, and support order if you will no longer agree. It is a pity that such is necessary after 10 years.
Answered on Apr 14th, 2014 at 4:21 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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I'm not sure what you mean by "after 10 years". Does this mean you've been sharing custody for 10 years or for 10 years she hasn't let you have visitation? If you've gone 10 years without seeing your son, you will have little to no visitation at this point, and if it is awarded it will start very slow. If you've been sharing custody for 10 years, you should be awarded a similar schedule to the one you have been enjoying for 10 years. You need to file your case and ask for custody and visitation orders, explaining the schedule you have been following for 10 years and explaining why you think it's best for your child to continue this schedule. The court will likely agree with you, absent some situation you haven't mentioned here. The mother will be given a chance to explain why she started denying you visits, and she had better have a very good reason, or it will look very bad for her. The most important thing the court wants to ensure is that children are safe, have regular contact with both parents, and have a stable schedule and continuity.
Answered on Apr 14th, 2014 at 4:21 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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You need to file a rule to determine custody either in the parish where your ex lives or where you live. If you and your ex can't agree on the terms of custody and visitation, it is up to the court to decide.
Answered on Apr 14th, 2014 at 4:13 PM