Question:
I am trying to seek custody of my children with my ex-girlfriend.
In the past, she has allowed me to see and speak to my kids often. However, recently she has been denying me visitation and refusing any sort of communication with my children.
How can I show the courts I want to be an involved dad to get as much visitation as possible when she is denying all contact?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child custody laws where I am licensed to practice.
Based on the limited facts that you have provided me, I am assuming that there is not currently a child custody order in place between you and your ex. If you were never married to your ex, you would need to file a Petition for Paternity so that you are declared the biological father of your children.
If you are on the children’s birth certificates or if there was a paternity test taken, proving paternity will be relatively simple. Once you are declared their biological father, you can then file a motion for joint custody of the children.
Also, if you have not already done so, I would recommend that you keep a journal of when you see or speak to the children. If your ex is no longer allowing you to see your children or speak with them, you should keep track of the dates and times that you request to do so.
The sooner you can file for custody, the better you will look in the court’s eyes. You do not want to set a precedent with the court that you are okay with the limited time your ex has allowed you with the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Jordan A. Rapoff, contact Cordell & Cordell.
Why file for joint custody instead of full custody? If my case is an example, the court will award the mom primary custody with few overnights and maximum child support. If she does not comply it will cost him tens of thousands in legal fees over years to enforce the court order to see his child – lawyer heaven. If he falls behind on support it cost her nothing to have him imprisoned. Blame the governor for this system. Hold the governor accountable in the next election.