my exgirlfriend has custody of my 5 year old daughter. im suppose to see leah on every other weekend and i did get to for a while but now my ex wont let me get her. shes being a real pain and i want my little girl. i think i can give her a better life than she has at her moms. how can i get her back?
2006-11-07 07:30:23 · 30 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
Time to see a lawyer.........
2006-11-07 07:32:07 · answer #1 · answered by missourim43 6 · 1⤊ 0⤋
Simple. Get an attorney.
If she has refused visitations that you have been granted in a court of law, she is in violation of the court order and you can most likely get custody.
This depends on several factors:
1. You have a court order giving you visitation rights.
2. Your not seeing your daughter is truly based on her mom not allowing it. If you didn't see her for a while and it was a choice you made and now you want to, well that's gonna be difficult beat in court.
3. You are truly the biological father and have proof. Birth certificate, DNA test, previous court order ect.
4. You have a clean criminal record.
5. While it's not supposed to be considered, it many times is, you must have been paying child support even during times where visitation was denied.
If you can answer positively to all these, then you have a good chance of resuming visitation and possibly winning custody. However, in ALL cases, you will need an attorney.
Good luck!
2006-11-07 15:37:07 · answer #2 · answered by wrkey 5 · 2⤊ 0⤋
First of all, if your girlfriend has custody of your little girl then the courts have to decide whether you get full custody or not. They will look at evidence. If you do not have full custody are you paying child support and if you are required to are you paying on time. They will also look at whether you can actually give her a better life. In order to do this you will have to hire a lawyer, go to court, prove that you have met the current court mandated things that were required of you and prove that you can give her a better life. The decision is up to the judge.
2006-11-07 15:40:30 · answer #3 · answered by rltouhe 6 · 1⤊ 0⤋
You need to get an attorney and examine your rights. If you've floundered around at all in the past then your track record will speak against you. If you have had a stable life with steady employment then I would think your chances are better. Most judges will not take a child from their mother unless they are in direct violation of a court order or unless there is some type of neglect, abuse, or negligence on the mothers part.
2006-11-07 15:36:15 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Are there custody orders from a court of law that state when you are to have your daughter. If so, contact your local law enforcement agency when it is your time with your child and they will come with you to pick up your daughter. As far as getting custody, you will need to have undeniable proof that your ex is an unfit mother in order to get custody. In some cases, even with proof, the courts can still leave the child in the custody of the mother just because they believe that a female child should be with their mother.
2006-11-07 15:59:22 · answer #5 · answered by btij06 3 · 0⤊ 1⤋
Go back to court and request a revision in the visitation rights. Request joint custody or full custody.
By the way, she probably is not letting her see you to protect your daughter. If there's been a period when she saw you, then stopped, your ex had to deal with explaining to your daughter why you weren't around. If that hasn't happened, there's no reason or way she can legally keep her from you.
2006-11-07 15:41:45 · answer #6 · answered by sillylittlemen 3 · 1⤊ 0⤋
If you have partial custody, and your ex is refusing to let you see her, then she is breaking the law. Call your Lawyer and report her. She needs to be held liable for breaking the law.
Also be aware that some women will accuse you of molesting your child to prevent you from getting custody. Tread lightly. This happened to a good friend of mine. Even though he was found to not have done anything, he lost all chances of having custody of his daughter.
Good Luck.
2006-11-07 15:52:09 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Get a lawyer. She can get in alot of trouble for not obeying the judge. But you have to have some kind of proof that the mother is doing something wrong to get full custody
2006-11-07 15:50:51 · answer #8 · answered by maygen l paige 2 · 1⤊ 0⤋
Get a lawyer. You'll have to take the mother to court. If she isn't honoring the current custody agreement that should help your case. Best of luck.
2006-11-07 15:36:21 · answer #9 · answered by kat 7 · 1⤊ 0⤋
You go and file for custody!You are entitle to a hearing as a parent.Try to look for a cheap attorney or get advice from an attorney. Good luck, fathers have same rights over their children but you have to speak up.
2006-11-07 15:34:57 · answer #10 · answered by Rainbow Brite 3 · 1⤊ 0⤋
this is an issue for the Court. if she is not allowing you to see your daughter (the standard schedule visitation) she is in contempt of a court order. you better have physical evidence to support your argument that you would be the better parent...Courts usually decide with best interest of the child.
seek legal counsel.
do not call the police. police have no jurisdiction over a court matter. police cannot enforce a court order.....this is a matter for the court.
2006-11-07 15:55:24 · answer #11 · answered by Anonymous · 0⤊ 0⤋