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Thanks for all your comments about my previous question I ask about fathers rights. Does anyone know since my wife is playing this game of taking my daughter from me and only letting me see her when she works, Dont I have every right to just keep her at my house and let my wife see her when i work? Kind of like what she is doing to me right now. There has been no order of custody and we havent even filled for divorce yet. I was just wondering if that was legal. i just dont see how she can do it, and I cant. thanks for your help

2006-08-04 11:44:35 · 15 answers · asked by alawhitesnake 1 in Family & Relationships Marriage & Divorce

15 answers

Very much legal, but very dicey. The best advise I can offer you is to immediately seek counsel, get either a divorce or seperation fileed ASAP listing you as the primary custodial parent. This is a CYA thing, and it gives you the absolute right to keep your child with you and out of harms way. You may need to engage the services of a PI to get the proof you need in order to make the custody stick longer than the temporary you will get with the filing of the paperwork. Best of luck to you in this matter. I hope this helps.



Just my 2 cents worth

2006-08-04 11:49:42 · answer #1 · answered by capbarrow2 3 · 0 0

When I filed for my divorce my husband only got our son every other weekend and we split the holidays. One year I would have him for Thanksgiving and he would have him for Christmas and then the next year he would get Thanksgiving and I would get Christmas. We did this with all holidays. I had full custody of our son(his choice). If he wanted him during the week for a day I would let him have him if it didn't interrupt something that I already had planned.
If I were you I would get a lawyer and fight for full or joint custody so that your (ex)wife can't keep doing this to you because she's not playing fair. Don't fight in front of your daughter because that will only hurt her. You can't call the police because they will just tell you that it's a civil matter since there is no court order.

2006-08-04 19:11:31 · answer #2 · answered by unicornfarie1 6 · 0 0

It shouldnt be about what you do or she does- the child should be the first concern. Ask yourself what the child would want, or what is best for the child.

As far as "fathers rights" it is pretty clear that there isnt any such thing! The odds of being treated fairly by the state or the courts is slim for a man.

If no custodial rights have been granted, you have just as much right to keep your child as she does, but check with a lawyer just to cover your butt! Chances are, if you do anything she dont like- she will just be a rag to you in court and screw you as best she can. Evaluate if it is worth making waves.

2006-08-04 18:53:04 · answer #3 · answered by ProZack 5 · 0 0

Well that sounds like a custody problem. For now that is between you and your wife how you work that issue out., but if you want full custody you are going to have to prove that you are willing and are better prepared than your wife to take care of your child. Its really a had issue when a child is involved, but hang in there and it will all work out...

2006-08-04 18:50:16 · answer #4 · answered by Jack 2 · 0 0

Go file for a legal separation or a divorce. Now days more people are going for joint custody. Right now your wife is toying with you, I hate to say that but it is true.
She is calling the shots because you are allowing her too. Seek legal advice asap. She could leave the state with your child and you not even know it until it is too late.

2006-08-04 18:53:57 · answer #5 · answered by Lore 6 · 0 0

see this is kinda tricky. You are still her legal guardian but so is your wife. You should get a lawyer and start filing for a fair custody rights. Right now she can't make you look like a bad guy so give her any reason too.

2006-08-04 20:53:55 · answer #6 · answered by mrs.moogie 2 · 0 0

Sorry didnt read your other question but on this one I know when my ex and I seperated my attorney told me NOT to let him take the children until one of us had filed for the divorce because whoever had them in their physical custody when the papers were filed had them until it could be heard in court. But all of that aside think about what is best for your daughter before acting and don't allow her mother's actions cause her to be put in the middle of a war between mommy and daddy. I know you want to see her and you deserve to just be careful of what you do so she doesn't get hurt in the end.

2006-08-04 18:50:32 · answer #7 · answered by Martha S 4 · 0 0

Your soon to be ex is pissed. and she's doing everything she can to get back at the way you treated her. Now, be kind, respectful, and go along with her. Do not argue and do not raise your voice to her. Be gentle and sweet, but not phoney. Listen to her now cause you didn't before. Remember, it takes two to have a kid, and two to fight about one. So, now you have to take the high road. Quit the fighting and try your hardest to get along. Let her have her way, it will make it a lot easier for your daughter.

Then, get a damn good lawyer for custody. But don't fight her too much. If you couldn't be the good guy in the marriage, it's time to be now. Be the good guy, but not the wussy. ya feel?

2006-08-04 18:51:56 · answer #8 · answered by punkdrunkard 3 · 0 0

It isn't illigal if there aren't custody orders etc. But, Think about this...My parents are divorced, and They divorced when I was two, but I hated my mother always begging for me to be with her and than fighting with my dad for attention and all those horrible things that ruined my relationship with both of them. Try putting your child first. I know that's really hard but, let your daughter have the choice of who she wants to be with. She loves both of you equally but she still needs the choice instead of being pulled in two directions of her parents. IF she's three years and younger than of course both of you decide together what to do and you can be as selfish as you want but if she's older than that, she should choose, until you both get to court if ever and have custody ordered.

2006-08-04 18:52:10 · answer #9 · answered by teardrop 2 · 0 0

It does me good to see a father going to such lengths for his rights. Many would cut and run. I have been raising my daughter for the last 4 years...no child support and rarely a visit from mom. Stay strong brother and fight for what is yours. I think right now she is within her rights, but joint custody is more common now than in the past, and GOOD fathers can win. Good luck!!!!

2006-08-04 19:02:25 · answer #10 · answered by johnnydean86 4 · 0 0

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