my legal rights,& custody re: my 13yr. old son??

Challena - posted on 06/29/2012 ( 3 moms have responded )

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my husband went to prison for 8yrs. while i took care of our son all the years he was gone,now he is back and our son lives with him because i thought it would be good for the both of them.now my husband filed for divorce and is tring to push me out of my sons life,doesnt tell me when he has baseball games,his school graduation and just important stuff. he doesnt reply to my text msgs.he took my sons cell phone away so i have no way to contact him other than threw my husband,and he doesnt encourage my son to call me,come see me, or anything. my son treats me with disrespect and doesnt want anything to do with me,now that his dad is back in his life.all i want is to communicate i want to know times of games,ect...and he is not giving me anything i dont want to bring my son back to my home but i will not continue to be kept out of his life any longer its killing me.now i want to know what are my legal rights with the custody of our 13yr old son?who has what?what can i do?

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Dove - posted on 06/30/2012

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If you let him go and he wants to stay and your ex is not a proven danger to your son.... you may not be ABLE to get an emergency court order to get him back. Good luck!

Challena - posted on 06/30/2012

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thank u for your response it helps to get all the correct info i can right now. as for why i let my son go with his father is only for the reason being that he needs that relationship with him at his age a teenage boy needs his father and i didnt think that he would ever do to me what he is doing right now,its pretty bad.pushing me out of my sons life,not communicating at all as far as my sons baseball games,his 8th grade graduation, my son not calling me on mothers day, these are important events and as being a parent it is our job to make sure that the other parent is informed of these things i thought.so now im to the point of weather my son likes it or not i may have to go to get an emergency court order to bring him back home to me. i didnt want to have to do that but i cant get ahold of my son ever its killing me.

Dove - posted on 06/29/2012

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If there is no current custody order then you both have equal rights right now, but... the parent with 'possession' of the child 'tends' to end up with more physical time with the child. Many courts these days like to go with 50/50 custody whenever possible....

I'm not going to even bother asking why you would let a man who just got out of prison have possession of your child withOUT a court order in place to protect you all.....

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