What is the name of your state (only U.S. law)? New York
Earlier this month my son implied that he had been, on several occasions, left alone at his home, and had been threatened by mom and moms boyfriend if he told the truth. After attempting to speak with his mother and maternal grandmother, whom both I've had a relatively neutral relationship (only concerning the care and visitation of my son), I received no answers. Concerned for my sons well being and level of supervision, I asked a friend to anonymously file a report with CPS. I would have done so myself, but was afraid i would be denied access to my son. (They suspected me anyway) The following day I spoke with a friend of a friend (also a mediator) and was advised that filing a petition for custody would be the next step to ensuring my sons safety. After filing the petition for custody, the county clerk suggested a petition for an order of protection might be a good step in the right direction. the order was granted, and she has been served. the order stated he or i will not be harassed, threatened coerced etc. and paraphrased with a [02]. As of Friday, April 18th, upon being served she (and family members) are refusing to answer phone calls and text messages, and denying me access to my child whom I have seen on a regular basis since his birth (ex. picking up from school one or more times a week and every other weekend visitations -- verbal agreement only) There are currently no court orders denying me access to my child, however his maternal grandmother works as a receptionist at the school, and i believe she will attempt to argue and deny me access anyway.
Should I file an Order to Show Cause and request our verbal agreement continue during this process? Can she technically/legally deny me access in such a way? Is there anything I can do, to assure, or even attempt, to see him, as i normally would have, this weekend? Our court date regarding the order of protection is on Friday, and she had previously agreed (verbally) that i could have him Thursday through Sunday, this week.
Earlier this month my son implied that he had been, on several occasions, left alone at his home, and had been threatened by mom and moms boyfriend if he told the truth. After attempting to speak with his mother and maternal grandmother, whom both I've had a relatively neutral relationship (only concerning the care and visitation of my son), I received no answers. Concerned for my sons well being and level of supervision, I asked a friend to anonymously file a report with CPS. I would have done so myself, but was afraid i would be denied access to my son. (They suspected me anyway) The following day I spoke with a friend of a friend (also a mediator) and was advised that filing a petition for custody would be the next step to ensuring my sons safety. After filing the petition for custody, the county clerk suggested a petition for an order of protection might be a good step in the right direction. the order was granted, and she has been served. the order stated he or i will not be harassed, threatened coerced etc. and paraphrased with a [02]. As of Friday, April 18th, upon being served she (and family members) are refusing to answer phone calls and text messages, and denying me access to my child whom I have seen on a regular basis since his birth (ex. picking up from school one or more times a week and every other weekend visitations -- verbal agreement only) There are currently no court orders denying me access to my child, however his maternal grandmother works as a receptionist at the school, and i believe she will attempt to argue and deny me access anyway.
Should I file an Order to Show Cause and request our verbal agreement continue during this process? Can she technically/legally deny me access in such a way? Is there anything I can do, to assure, or even attempt, to see him, as i normally would have, this weekend? Our court date regarding the order of protection is on Friday, and she had previously agreed (verbally) that i could have him Thursday through Sunday, this week.
