The information they have given you is incorrect. You have rights over the child because the child was born while you were married. I believe what the lawyer told her is that right now she is not required to let you see the child until there is a court order in place giving you visitation or custody rights. Unfortunately this is correct. The mother is not required to let you see your son, until you petition the court for a custody or visitation order. It does not matter that you are not yet divorced or legally separated. Since you are no longer living together you can proceed in petitioning the court for a visitation order and to work out a parenting arrangement. Only with a court order in place will you be able to enforce your visitation rights if the mother were to violate them. Right now you have nothing to enforce as verbal arrangements carry no validity.
You need to request the court clerk in the county were your son resides for the custody/visitation packet to begin the process. If they do not have such packets then you need to seek assistance from a family law attorney to assist with the petition.
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