How can I get timesharing restarted and/or get custody of my child?
Question: What can I do immediately to put a stop to this?
When the recession hit in 2011, I lost everything. I have no close friends /family to rely on in times of hardship. I was in an abusive relationship with the father of my children for 10 years before finally escaping. Upon doing so, I thought that my children living with their father would be a good idea while I got settled. Every time I mention getting my kids back he goes crazy! He tell them lies about me and vice versa, so horrible! Worst of all he with holds them from me by keeping them busy year round so I only get them in the summer and barely then! My daughter had a birthday party this weekend that me and my fiance went to at their house. I'd spoke to my daughter that week about it but not him, I love surprising them! He was aloaf and angry throughout and no one acknowledged my presence but my kids, every one was rude. He later texted me stating not to come back or he'd have me arrested. He also claims both of them on taxes. He doesn't consult me before taking them out of the state or before planning trips that are without my knowledge or invitation to. Recently him and his girlfriend built a room addition onto his trailer and my kids have the whole house to themselves.
Attorney Robert Elrod, Jr's Answer: If the father has custody of them pursuant to a court order, you would need to file a Supplemental Petition to modify the existing timesharing arrangement. This is the mechanism by which the court can be asked to modify timesharing. All issues concerning the children can also be addressed. I agree that more information is needed as to the legal status of your situation before more accurate advice can be given. I also think it is critical that you hire a qualified, local attorney to help you through this process. I will be happy to answer any other questions you may have.