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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
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My ex and I are going through a separation we are not married

Resolved Question:

My ex and I are going through a separation we are not married and we have a son who is twelve. we split in Sept 2012 and she has our son with her. There is a civil case on going for custody and she refuses to let me see our son it has been almost eight months since I have seen him. Now she has moved her residence and I have no idea where she is residing. I am not a felon nor a pedaphile so her actions are purely vindictive and hurtful more to our son than me but I am in emotional agony and am trying to just reconnect with my son. She has stated that until the court forces her she will not honor me with any time sharing with our son I am, unfortunatly financially unable to retain representation and feel as if I am lost what can I do to remedy this situation so I can see my son?
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER :

Hello,

LADYLAWYER :

What County do you reside in, here in FL?

LADYLAWYER :

Di you remember ever signing an affidavit of paternity with regard to your son?

LADYLAWYER :

*Do

Customer :

polk county

Customer :

I do not remember any kind of affidavit

Customer :

I am trying to do this on my own

LADYLAWYER :

No problems. I can help give you information about this. One momeny while I pull some things for you and type my answer. Thanks!

Customer :

thank you

Customer :

when she served me I responded in the required time and had the response prepared by an attny

LADYLAWYER :

Okay, you said she served you?

LADYLAWYER :

With the custody papers, you mean?

LADYLAWYER :

Has a hearing been set or mediation yet?

LADYLAWYER :

Did your attorney request immediate visitation while the case was ongoing?

Customer :

mediation was on 2/25/2013

Customer :

no court date set yet

LADYLAWYER :

Okay, and no agreement was reached in mediation, including a visitation schedule while the case was ongoing?

Customer :

we got nowhere she doesnt want me to have him overnight

LADYLAWYER :

Thanks. One more question: did your attorney not ask for immediate visitation while the case was ongoing?

Customer :

no I just had paperwork prepared asking for custody, my son and I are very close and I am sure he wants to stay with me

LADYLAWYER :

I am sure he does. I am sorry this is happening. However, your attorney should have asked for immediate visitation rights in the Answer/Counter-Claim for custody or made a motion asking for this so the judge could rule on it right away. You are going to need to file your own motion at this time asking for this so that the judge can give you visitation rights in the interim.

LADYLAWYER :

Your motion will be titled, "Urgent Motion for Visitation Rights"

LADYLAWYER :

You cannot file an emergency motion because you have to say that either the child's wellbeing is in immeditate danger or that the parent palns to take them out of the country.

Customer :

thank you so very much

LADYLAWYER :

But you may file an urgent motion.

LADYLAWYER :

Do you have a motion form or know how to get one?

Customer :

I do not know how to get one

LADYLAWYER :

Okay...let me try to pull one of my personal Motions for you. It may take a few minutes because I have to redact all identifibale info.

Customer :

thank you

LADYLAWYER :

Okay, I have redacted the info and scanning into my computer. I need to change the format of the chat so I can post the file. Can you refresh your screen in about 2 minutes?

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
LADYLAWYER and 12 other Legal Specialists are ready to help you
Expert:  LADYLAWYER replied 1 year ago.
It's coming--sorry--I am having trouble attaching. Thanks so much for your patience!
Expert:  LADYLAWYER replied 1 year ago.
Motion Page 1
Expert:  LADYLAWYER replied 1 year ago.
Motion Page 2
Expert:  LADYLAWYER replied 1 year ago.

Okay, here is the last page (of 3--see other 2, above) for the sample motion. This isn't a custody motion, but you should be able to see how one is done and prepare your won to file with the court. :)

Motion Page #3

Customer: replied 1 year ago.

thank you for the information you provided


 

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