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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My custody papers are 7 years old and last 4 years

Customer Question

My custody papers are 7 years old and for the last 4 years my ex and I have followed standard possession order. About 4 months ago she stopped allowing me to see or speak to my son and insists I only get the visitation in our papers (supervised at her house) and she will not allow my girlfriend there either. Can I do anything to get my son back without having to go to court? (Can't afford an attorney for at least 2 months)
Submitted: 1 year ago.
Category: Family Law
Expert:  Michael J, Esq. replied 1 year ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today. If your ex is enforcing what the current order says, unfortunately there is nothing you can do about it except go back to court and move the court for a modification of the current agreement. I'm sorry to deliver bad news, but sometimes we have to. :( I hope this helps!If you valued my time, I'd love a positive review. I'll be happy to follow up until you're completely satisfied.Michael
Customer: replied 1 year ago.
Can she require it be at her house and that my girlfriend cannot be there?
Expert:  Michael J, Esq. replied 1 year ago.
Is that what the current order says?
Customer: replied 1 year ago.
It did not specify a specific supervisor nor who could be present. It specifies her residence, where she no longer resides
Customer: replied 1 year ago.
My son was 3 months old when we entered these orders, he turns 8 in septemver
Expert:  Michael J, Esq. replied 1 year ago.
Supervised just means you can't be there alone with the child and she can supervise. Unfortunately, until you modify the order, she can keep your girlfriend away. I'm sorry. Michael
Customer: replied 1 year ago.
She also did this in 2010. I saw my son 3 times that year.. I can't afford an attorney and she can so even filing pro se.. I'm afraid she will win
Expert:  Michael J, Esq. replied 1 year ago.
I'm extremely sorry about the situation you've found yourself in. Can I answer anything else for you?
Customer: replied 1 year ago.
Can I file something with the court for temporary relief?
Customer: replied 1 year ago.
Can I prove a verbal agreement that I have had 4 years without her supervision?
Expert:  Michael J, Esq. replied 1 year ago.
No, the court doesn't care about out of court agreements - only what the order says. If she isn't allowing you to see the child AT ALL, even by the terms of the order, then yes you could file a modification to the order/contempt petition and could ask for temporary relief to see your child.
Customer: replied 1 year ago.
Ok I guess that is all thank you
Expert:  Michael J, Esq. replied 1 year ago.
Great. I hope you work it out! Don't forget to rate so I'll get credit for my time. ;) Best of luck.

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