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can custody be obtained?

I have visitation every other weekend, while the mother has physical custody, and we share alternating every 2 weeks in the summer.The mother has been violated visit's in the past, i was awarded make-up time back in Jan 2011 or 12 i believe...Now my court order says alternating 2 weeks but no set day or time, so I'm trying to ask the mother when can i have her? she won't give me a answer, she said if i keep texting her she going to block my number and have her number changed...This is ridicolus i have to go threw this, she 25 years old live with her mom,married,live with her parents and her husband and having another kid on the way while my daughter sleep with her grandparents...why be a mother if she can;t contact me regarding our daughter i'm willing to talk to her but she can;t do that

Update:

I live in NY, i have no nothing against her, is that she does stupid like that...whenever she mad, she takes it out on our daughter...

1 Answer

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  • Sarah
    Lv 5
    8 years ago
    Favorite Answer

    Well, I don't know where you live and I don't know what you have against the child's mother, but I will tell you a bit about my husband experience with this.

    He too only had visitation every weekend. Up until about December of 2012 everything was fine. To make a long story short, his ex wife got into a physical fight with her husband. My husbands child was involved. Me and my husband had to drive a hour in the middle of the night to go pick his daughter up from her grandmothers where her mother dropped her off.

    My husband of course got a lawyer, because he's ex wife planned to keep their daughter in the household with her husband. We also called CPS and they never done anything.

    When we went to court, the judge refused to give my husband custody, saying that the child was in no danger even though it said in the police report that there was a fight between spouses and the child was in the middle of it.

    The judge told my husband that he needed to learn to talk better to his ex-wife and left it at that.

    My husband hasn't got to see his daughter in 3 months. We have called the police and all they will do is ask his ex-wife if we can have their daughter...if she says no the police will do nothing.

    So yes you can try for custody and I hope that you get it and that you are more lucky then my husband. But the chances are slim to none..It is very hard to remove a child from their mother.

    But I wish you the best of luck

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