My wife and I have been separated for almost 2 years now. Last September I was put on the birth certificate since my wife had put my name on it while at the hospital, however due the parameters not being set about same sex couples having children at the time my name was left off. As I said they corrected the birth certificate and I was put on it in September. My wife has refused to let me see or talk to my child on multiple occasions, moved him almost 9 hours away, is living with her girlfriend who just got arrested for possession on meth and marijuana, uses majority of child support for herself, just today she told me he was not with her and when asked where he was and who he was with I got told it was none of my business. In our separation agreement we have joint custody residing with my wife.
If she's violating the custodial terms of the separation agreement your options are to file a complaint for breach of contract (which is pointless and won't get you time with your child) or file an initial complaint for custody and get a formal custody order in place. The custody complaint route is what most attorneys would advise. Once a formal custody/visitation schedule is in place, if one of you violates the terms you can be held in contempt and potentially jailed. It's a much stronger document than a custody schedule in a separation agreement. Consult with a local family law attorney to get started. Good luck!
It sounds like your son may be in a very dangerous situation. For his sake, retain a local, experienced Family Law attorney immediately.
The foregoing answer is submitted for informational purposes, and is not intended as a specific answer to the question posed. Always consult with an attorney prior to signing any and all agreements. The firm of Newman & Ingemi, LLC does not represent you unless and until you enter into a signed Retainer Agreement with the firm.
In certain situations, a violation of the custody schedule/agreement can be grounds for modifying the agreement. Under the circumstances you described, I would look into modifying the agreement to get your son out of that setting.
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