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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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my son is 5mnths old and his mother and i cant get along we

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my son is 5mnths old and his mother and i cant get along we live in separate citys 40 mins apart... every time im around our son she has negative comments about what i do and how i go about raising our son... she has a very short fuse and has called me numerous names in front of him and has even hit me in front of him...and at this point she will not let me see my son cuz shes mad at me...i have had enough and need the courts to step in and help me out in getting visitation rights with out her being around..my only thing is that medical marijuana is being grown at my place of residence by my uncle for his cancer...im pretty sure this is will not get me custody or visitations there so could i split time at residences(moms house) and take that route?? can some help me with this

DearCustomer- The first thing you need to do is to file a motion with the court in the county where the child resides for an order of visitation. If the court will not permit your son to come to your house then you will have to find some alternative place to visit but you have the right to visitation.

 

It is important to have a court order for your visitation to avoid the very problems you are have. It is a long time until your son will turn 18 and until then you need to be protected by the courts in order to continue your relationship as his father.

 

Dave Kennett

Customer: replied 7 years ago.
so the medical marijuana will not play a factor??? and in this order of visitation is this an overnight type of visitation or an amout of hours accumalated by the court....

I can't say that the medical marijuana won't be a factor but the point is that you have a right to visit and you need a court order. If the court doesn't care about the marijuana then you should get visitation every other weekend from Friday evening until Sunday evening plus an evening during the week. If the marijuana is a problem then you may have to visit at some neutral location and probably not get overnight. All of this will be determined by the court but unless you file a motion it will never get done.

 

Dave

Customer: replied 7 years ago.
is the order of visitation form the same as a custody case form because after she denied me of seeing him i went to the court house where she lived and got a self representation form which is for unmarried parents: custody, parenting time( is this the same as a vistitation order), child support process for petitioners... is this the correct form...thank you again for your help

Yes, that should be the proper form. Parenting time and visitation are the same thing and it's just terminology used by different courts.

 

Dave

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