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Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2156
Experience:  Practicing Attorney with 10 years experience
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I am a father of 4 I work full time my wife is an RN who

Customer Question

I am a father of 4 I work full time my wife is an RN who also works full time. We pay child support religiously I even requested to have it taken frome my checks from the start. My son is now 7 and for the past 4 or 5 years of his life we have had him every other weekend. The year before last he was requesting additional time so we discussed it with his mother who began allowing him to come for dinner 1 night a week, we eventually requested that he stay that one week night and adjusted our lives to make it work...he was so happy! Toward the end of last year he was asking to stay more and told us that she had already warned him not to even ask so he would cry because he had to go home. We talked more about it and unfortunately that made things take a turn...our visits were soon missed d/t him being sick and taking him to appointments on every visit...when he finally came to us and said that he hadn't really been sick that she had plans for them or that he had actually gone to school and was fine we got very upset understandably. So all of a sudden we received a call from him on our night saying that he couldn't stay that night because he had homework we let slide the next week he was crying saying he just needed to stay home we finally pushed telling him that it wasn't an option because we knew something wasn't right.the next week he cried to us and said that he had to stay home because it hurt his mom's feelings when he came to our house and that she was sad and had been crying so he said it because she was standing there watching. Now the school year has restarted and supposed to be back on track except she started last week declining the visit saying he didn't get enough sleep at night when he was here and that the teacher came to her about it and also is trying to use that he was late to school one day.this week we once again told her that we would be there to pick him up as usual and she said we could have him from 6 to 8 that she would pick him up. When we went to court originally we decided to work through agreements and keep it out of court but that doesn't appear to be working..I want to know if we agreed on this before and has been in place over 2 years and it is working can she do that and if not what do we need to do. And the change started because he said he wanted to live with us one week and her a week right before school started back. Alternating weeks throughout the year.
Submitted: 11 months ago.
Category: Legal
Expert:  Asad Rahman replied 11 months ago.

I am sorry to hear this and I know how traumatic this can be for the child. Since it was never formally documented it would be hard to enforce in court. You could certainly try and see what the judge does, but it is not very likely. What you can do is file for a modified visitation schedule and explain to the judge the arrangement you had for 2 years and then let him/her ask the mother why she is no longer willing to allow it.

Customer: replied 11 months ago.
How likely would it be to get joint physical custody?
Expert:  Asad Rahman replied 11 months ago.

It is hard to predict but based on how the child is responding, it may make sense for the judge to consider it strongly. I think the fact that you pay child support on time and regularly helps your cause.