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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11655
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have not seen my son in over a year, due at first to having

Customer Question

I have not seen my son in over a year, due at first to having money conflicting issues with my ex and so she wasn't allowing me to see him. I have currently started trying to make contact with my son. I miss him very much and have been trying to wait for the courts to take care of everything but I cant wait any longer and I want to see my son. So for the past couple weeks I have been trying to call and see my son. Many of my texts and emails were either disregarded or returned calls came during my work schedule, which she was well aware of. As for seeing my son she is saying that I haven't earned that privilege. I do understand that I haven't seen him in a year, but I have been asking to see him for a few hours to build up the relationship again. We do have a court order through Sacramento county giving my rights to have my son whenever it works with my work schedule; I have every weekend off.
So my questions are as followed;
Is there a way to have our court order enforced? Such as getting the police involved? What is my best option for seeing my son because it is at least 6 weeks for the next court date and I want to see him sooner than that.
Can I file for an ex parte or are the circumstances not of an extreme enough nature for that to be an option?
How do I file emails in the court case of proof of Ashley saying that I am not allowed to spend time/see my son, regardless of the court order?
How/when am I supposed to file for a child support adjustment especially since Ashely filied it in Placer county event hough we had a case already open in Sacramento county?
Also, she is planning on moving down to San Jose and I have visitation rights, so does she have to give me a legal notification of her wanting to move with our son? If she up and moves and I able to call the cops on her and report it as kidknapping if no legal notification is given?
My ex has just emailed me saying that she and my son will be staying in San Jose all this week. Also, that they are being put up in a hotel for several months until they find a house by her boyfriends company. Is this considered her moving away without permission? Should I file a petition to stop her from moving away? We do not have a move away clause in our agreement and she does have sole custody. Does that mean she doesn't have to notify the court with a legal document that she is moving? Am I the one who needs to file a petition to stop them from moving?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Is there a court order that sets forth a custody and visitation schedule?

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