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Can I get my visits back or make new arrangements since they are older?

Saint Cloud, MN |

I was getting regular visits with my boys when their mother decided to take them from me again. This has been going on for years and always went back to court and got make up time. This last time, I had it, I got pushed over the edge, I went into a depression. I have had regular visits with them for about 2 years. I see them though on Holidays because she lets them go with my parents and I see them there. I am in a better place where I can hire a lawyer and I want to know if I can get my visits back or more. My boys are 15 and 12. I might want to look into custody maybe even too. The mother of my boys doesn't work and when she does it last 2 months or less. They are living in a very cramped house with her mother. I am upset because the grandmother is raising them when it should be me.

I graduate college with my B.A. degree in Criminal Justice in 6 months. I am in a job now making $18/hr and I feel I can provide more stability for them than she can. She has moved in with several guys in the past year and moves the boys in and when they break up, they are back at her mothers. She has lost her home and vehicles doing this and not working. I know my sons will put up a fight just because right now where they are at, they don't get discipline. They can do whatever they please and stay out until however long. My 15 year old has been getting in trouble in school, getting caught with weed, and staying out until 2 am or 3 am with no consequences. What can I do?

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Attorney answers 3


You can and should get an attorney. The facts of your case are compelling, but they need to be told to the judge in a way that incorporates the legal tenants involved in child custody. You are entitled to parenting time with your children. You should talk with an attorney about what your goals are in terms of parenting time and custody, and then devise a strategy to meet those goals. Most attorneys, including myself, offer free consultations. 612-206-3722.

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I agree with counsel. You should get a lawyer to help you start a case to get custody and parenting time rights so mother cannot just decide your access for you.

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Immediately hire a family attorney and initiate a custody motion to have it transferred to you. I'll be honest, that will be a tough case since, by law, you need to prove actual endangerment to the children in order to get custody transferred. You can certainly get more parenting time, but that would be the fallback position, in my opinion.

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My wifes aunt and her husband just retained custody of his son because the wife kept moving and moved 7 hrs away with a guy. I understand they may not be endangered, but I am not dead and should be the one to raise my boys if their mother cant. I have many witnesses into her character as well as my boys therapist.

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