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Joined: Dec 2004
Posts: 95
C
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Joined: Dec 2004
Posts: 95
Basically I have posted here many times regarding my W. Things have just continued to go from bad to worse.

My situation is this: Since our seperation date, my W has been holding my son against my wishes. Only allowing me every alternate weekend, and 2 x 3 hours visits during the week. We have no court orders in place, but I have applied for an interim order seeking 50/50.

I have my son (3 y.o) this weekend, and I am seriously contemplating hanging onto him. Why? Because my W, drags him around during the day shopping, he has no naps during the day, he is very unsettled at her parents house, she leaves him there at her parents house while she goes out at night (after he has been put to bed), or during the morning, see sees the OM with our son etc etc

I am wondering can holding onto him, cause me any legal grief? It is in his best interests to remain with me, but I dont want to do anything stupid that may harm my case ...

Joined: Oct 2004
Posts: 4,383
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Joined: Oct 2004
Posts: 4,383
If you are applying for 50/50 then why not ask the lawyer who is acting for you now. If you have lodged it yourself then go get legal advice asap.

Legally I doubt there is any problem as no order exists EXCEPT courts can act funny in such situations so pls be careful.

If you are worried about ww behaviour affecting your child then why not seek prime custody for yourself from the start???

Joined: Sep 2001
Posts: 5,733
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Joined: Sep 2001
Posts: 5,733
Confused5,

1. Make documentations on all the issues and make sure you have witness to back your story up.

2. Get a lawyer, a female lawyer that has kids since they are more aware about these issues. ASAP.

3. Get educated about Family Law of your state. BTW which states do you reside in ?.

-rh-

Joined: Dec 2004
Posts: 95
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Joined: Dec 2004
Posts: 95
From the start I have always asked for 50/50. My plan for the interim order, was exactly that. No court date has been set for it, but I believe it will be in the next 28 days. My lawyers prepared and submitted it. They also said the courts regard an action taken by myself very negatively, even though my WW is doing this exact thing.

I should ask for full custody, but I dont believe I could get it (but I pray that I would). Simply because the WW has quit her job, and is now regarded as a 'full-time mother'. I work full time, often 50 hours/week. However, I still live in our primary residence, and she has moved to her parents house. She is on full welfare, and has no intentions of getting employment.


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