For eight years, I have had my child almost everyday. We follow a one week on one week off schedule and I have him after school and on vacations on her week because I work from home and the mother works a 9-5 job. Now she has taken our child from me because we had an argument and has been keeping me from him. I have established paternity but the mediation date is 2 months away. Its already been 2 months since she's kept him from me. What's stopping me from making my own schedule just like she did. She's been having other people pick him up from school when I can. What are the consequences in picking up my child from school and keeping him for my scheduled week just as it has always been?
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I have paternity. Can I keep my child just like the mother is doing from me?
- Thread Starter jmoore179
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mightymoose
Moderator
If there is not an existing order from the court then nothing is stopping either of you from making up whatever rules you want.
However, if you are headed into mediation/court it may not be wise to rock the boat.
If you want visitation between now and the mediation it would likely be more productive for you to get a temporary order to cover that period.
If there is an existing order and the upcoming mediation is to modify that order, then the current order should still be in effect. Break out a calendar and go all the way back to the beginning to see who's week it is (forget about any agreements you may have made along the way that deviated from the court order). If it is your time and she refuses visitation then show a copy of the order to law enforcement and get them to take a report for violation of a court order. Police wont go take the kids from mom, but her documented refusal to comply will not help her in the upcoming proceedings.
However, if you are headed into mediation/court it may not be wise to rock the boat.
If you want visitation between now and the mediation it would likely be more productive for you to get a temporary order to cover that period.
If there is an existing order and the upcoming mediation is to modify that order, then the current order should still be in effect. Break out a calendar and go all the way back to the beginning to see who's week it is (forget about any agreements you may have made along the way that deviated from the court order). If it is your time and she refuses visitation then show a copy of the order to law enforcement and get them to take a report for violation of a court order. Police wont go take the kids from mom, but her documented refusal to comply will not help her in the upcoming proceedings.
Last edited:
shrinkmaster
Well-Known Member
You go to court and file for it. Which is what you should have done long ago. When there is no court order all parties can freedom to do as they please right or wrong. You should also consult an Attorney
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