what are my chances?

[billbruce]

What is the name of your state?arkansas
I've been fighting my ex tooth and nail to see my son.He's 6.In the last 8 months she's allowed me to see him 5 times.Weve been to court and I was giving the standard visitation.every other weekend every other holiday and every tue. from 3:30 till 8.A month ago she had me thrown in jail by fileing a false police report.The prosecuting attorney has dismissed charges and now has a felony warrent out for her arrest for the false police report.That was my weekend so I didn't get to see him then.Last weekend was my weekend and she refused to let me see him again.She hasn't once let me see him on a tuesday.She said thats not for me,just other people who get the standard visitation.Like I said,she's only let me see him 5 times in 8 months.No reason,just that we just got a devorce and she decided she didn't want me to see him anymore.
My question is,what are my chances that the judge will give me custody now?It's obvious she doesn't want me to see him.I'm an excellent dad and always pay my support.

 

[tigger22472]

Have you ever filed contempt charges on her for visitation? In order to get a custody change it usually takes a few (sometimes more) contempt charges. If you go in there directly using the visitation issue with never filing contempt on her first the judge likely wouldn't like that. You have to take small steps. On top of this you haven't seen a lot of your son (I understand this is by no fault of your own) and the best interest of the child will be at hand and a custody change would take him out of a home that he is accustom to and put him with someone he's not had a close relationship as of late.

If the police know where she is why hasn't the warrant been served?

 

[billbruce]

Yes.we've been in court a couple of times already for contempt.She just doesn't seem to care what the judge says.I know that they will be picking her up any day.I've talked to the detective.I do get to talk to my son every week on the phone.Before the divorce we had a very close relationship.When they do pick her up and she's in jail can I go to the courthouse and file for temporary custody,even if she's in for just a couple of days?

 

[rmet4nzkx]

Yes.we've been in court a couple of times already for contempt.She just doesn't seem to care what the judge says.I know that they will be picking her up any day.I've talked to the detective.I do get to talk to my son every week on the phone.Before the divorce we had a very close relationship.When they do pick her up and she's in jail can I go to the courthouse and file for temporary custody,even if she's in for just a couple of days?

Have you tried picking your son up from school on Tuesdays? Have you tried taking the police with you to exercise your visitation? Made reports everytime she doesn't let you visit? Yes, you can file for emergency custody when she is in jail. Does she know there is a warrant out for her arrest?

 

[billbruce]

It says in the visitation papers I can visit my son at school but not remove him from there.Tue. visitation begins at 3:30.school gets out at 3.I call up on mon and tell them I will be picking my son up on tue. for my weekday visit.They tell me every time I don't get a weekday visit.I've gone to the police dept. to see if they would go with me to get him and they said they don't get involved because it's a family matter.Has to settled in court.Yes,I write down every time she doesn't let me see him.I'll just be glad when it's over and I finally get on my schedule to see him.

 

[rmet4nzkx]

If there is a warrant out for her arrest it shouldn't be too long. Report to the police any time she doens't allow visitation as in your orders. Also make sure they know there is a warrent out for her arrest, that is not a family court matter! I read some of your other posts, you will have to be persistant but have patience.