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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35387
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I filed a petition custody and visitation new born child. I

Customer Question

I filed a petition for joint custody and visitation for my new born child. I am not with the mother but did sign the birth certificate and acknowledgment of paternity. I was seeing him at her residence for the first few weeks but it is now uncomfortable for me since I am in a new relationship and I feel my time with my son can be spent at my residence.
I have asked the mother for me to pick him up and spend time with me at my house and I can drop him off the next day. She has denied me to take him out her house because I have moved on after we broke up and I am in a relationship with someone else. My relationship with my girlfriend is her excuse on me not seeing my son which I know can't be done.
Will I be able to use these text messages showing that I'm denied seeing my son based on nothing more but her feelings towards me? Also, I want to ask for split time, 3 days with me, 4 days with her, then alternate weeks so its equal in a 2 bi weekly span. Is this request something that I actually have a shot in getting? I want to be able to have my son and be there for him. I have an older son and I only see him for a weekend, every other week. I do not want that to happen to me again.
Submitted: 5 months ago.
Category: Family Law
Expert:  LawTalk replied 5 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You asked: Will I be able to use these text messages showing that I'm denied seeing my son based on nothing more but her feelings towards me? No, because you do not yet have any legal visitation rights. Only after you have a court order for custody/visitation can you use a refusal to allow you visitation in court.

I want to ask for split time, 3 days with me, 4 days with her, then alternate weeks so its equal in a 2 bi weekly span. Is this request something that I actually have a shot in getting? Yes, this is a reasonable request and you do have a chance to get it in court.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 5 months ago.

Good morning,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you? I am not compensated until you rate me.

Thanks in advance,

Doug

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