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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have a question regarding child custody and my side of the

Customer Question

I have a question regarding child custody and my side of the family not liking the fact that my son and I go to a gas station in which I work part time at. My aunt in which has the issue states that this so called gas station is filled with prostitutes, robbers, and drug addicts, in my opinion there is one in every store. The thing is, my sons father nor my sons fathers parents have yet to come to me to discuss this as an issue? So, by law is my sons father allowed to take my son from me due to these false judgments or would there have to be some sort of paper stating my son isn't allowed around this place?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
Do you have court ordered custody? Does the Father share it or does he have visits?
Customer: replied 1 year ago.
Yes we have been in a court ordered custody since 2010 my son was 3 at the time. The father and I have joint physical/sole custody. The father has known about me working at this store for the last 5 years and has never once come to me as it being an issue.
Expert:  Samuel II replied 1 year ago.
Hello
Thank you.
In that case, the Father would need to have the Order modified to prohibit the child from being in that area. Of course, you are correct. There is one in every store - so I suggest that unless the Father can show that you are acting badly along with these patrons of where you work, then I suggest such a modification would not be granted
Customer: replied 1 year ago.
Also, I have one more question. The father and I live in city limits and our son was attending a school out of district for both of us. Last Monday, he called me and I asked him have you enrolled our son in such and such school yet? Responds, no the school was filled to capacity he has to go to this school now. So, I said okay I'll agree to this, and I'll call the school on Tuesday and see if they accept my address, if not I'll ask about yours. The school only accepts fathers. I have to go through his mom to let him know anything and on Wednesday we talk again and I told him what needed to be done. The father says I'll go on Friday and take care of it so I said okay me and our son will go too so we can meet the people at the school. When I hang up the phone my 7 year old son says "Mommy I'm already enrolled in this new school, daddy took me with Caitie (new wife for the last 3 months) and enrolled me. Did the father violate the order because the order states that we both have joint physical/sole custody and neither of us are to take/enroll him in a school without letting the other parent know ahead of time? He failed to communicate with me that he enrolled him on the 15th of this month.
Expert:  Samuel II replied 1 year ago.
Hello
Yes. If the custody order is joint Legal and Physical then he has violated it. And you could tell him you will file contempt unless he gets his family off your back so you and he can continue to parent as you have been in the best interest of your child
Customer: replied 1 year ago.
Hi, thanks for all your responses. One more thing in regards ***** ***** very first question about the gas station. Yesterday my sons father picks my son up at 10am. I asked the father did he have any concerns regarding the child that he needed to bring to my attention. The father respomded no, everything is good. Now, i did have my recorder on. We are going back to mediation soon, the first meeting is the video, then we schedule the second meeting. Should i say anything about the store or just wait on the father to either bring it to the table or not. This man seldom answers his phone when the child is with him on his weeks, so i maybe get to hear my sons voice one time. I have such a long laundry list of the things that the father has not done right. So best scenario we go to the meeting, we get tips on better communication, and we revise the schedule. Also, im about to begin nursing school, which takes a yr. We have clinicals at [email protected] on monday and tuesday, class on wed thurs. My issue is i havent been able to find a babysitter that is willing to work tge hours i need, my grandma who used to help me is 78 and cant drive due to a bad knee, my mom would be happy to help me but my aunt threatens me that if she is in my home i will be in the cold. Id like the father to be willing to change the week to week schedule, but if he doesn't and mediator says we have to go to court, could the judge favor my side since i am trying to better my education.
Expert:  Samuel II replied 1 year ago.
HelloI suggest that you consider not mentioning it unless it is mentioned by him first.Congratulations on your career choice. I am not sure why the Father's family has anything to say about who watches your child while you move forward. But should it become an issue and the Father is not willing to work with you on daycare, then I suggest a court will certainly take your efforts to better yourself into consideration.

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