My wife and I are seperated and she will not let me see my son and won't return calls she changed her telephone # I only have her work # i call they say they give her the message but i have not seen my son for 6 months and i am due to Deploy to Iraq on Dec. 1st what are my legal rights in this matter???
2006-11-12 16:51:08 · 23 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Thankyou all. There was NO abuse I was sole provider i just re-enlisted we were hurricane Katrina victims from LA. I love my wife she did not want to have sex and let her family abuse me her Father pulled a gun on me twice. I did cheat once and asked for a divorce several times before I did. All I want to do is see my son on a regular basis she will not accept money or medical benefits for my son or herself. She is living with someone else and all I know is where she works which is the Daycare center that my son goes to. I called them and they stated that i should not come up there to see my son. it seems that she is being vindictive.
2006-11-12 17:06:55 · update #1
I read some of the above answers and you need my advice.
When you separated what type of custody rights did the two of you work out...did you go through the courts?
If she has primary and you have visitation you can do two things.
One, you can go to the courthouse and ask for them to make her abide by the court papers. Most courthouses have programs where they can write a motion for this and she will be served again.
Second, you can contact an attorney to file another motion for the judge to enforce the order....which will cost you.
This is such a difficult situation as every county and state handles it differently. You can read up on how to write your own court documents in a public library or via net. This way you don't get stuck with money being a issue. You will still pay a small fee for filing but nothing compared to attorney costs.
Police usually wont get involved in domestic issues such as these so that is a waste of time.
You would be better off trying to locate the child on your own by being creative and simply taking him when you get the chance. Then, go to the courthouse and file a temporary restraining order on her for whatever(if you actually have something on her) you dont need proof at that time and it is really cheap. The court would grant you temporary custody until the court date. Then you could explain why you had to do this(why she is a danger) and you might be granted permanent custody with her having visitation. If that did not work, you could address the court with your inability to have visitations with your son.
*****Lastly, if you have joint custody or no custody has been addressed..................................................
Find them and take him, she wont be able to do anything about it unless she takes you to court. When she does, explain to the judge why you did it and your visitation concerns.
On a personal note,
If you don't want to put much effort in this I would just let it go.
I know it is not fair but courts have a hard time enforcing parents rights and parents do whatever they want after they leave the system. You may be fighting this over and over again. You have to decide what it is worth to you.....
Good luck to you and be careful in Iraq.
mandy
I wrote this before I saw the additional details.
2006-11-12 17:34:45 · answer #1 · answered by cking_pOise... 4 · 0⤊ 0⤋
Unless the court has ordered you not see him you have some rights. If you force yourself into a situation where she can claim any kind of harassment or abuse you stand little chance. Bring the police or reliable witnesses with you to meet up with her. About the only way is seek an attorney, chances are she is betting you can't afford it so you won't. Too bad but it takes money to get any justice, if you can't afford it you are screwed.
2006-11-12 17:02:19 · answer #2 · answered by whatshisface 4 · 0⤊ 0⤋
I think that there are Lawyers that you can go to for free or little money that are provide to you by the Armed Forces.
You need to act quickly. Laws differ from State to State. Since you are not divorced and apparently not legally separated you will have to see an attorney to help you.
You do not say why you are separated or if she has a restraining order against you. Assuming that you have not been violent to either her or your son, you should be able to see him. Ask you commanding officer if there is any Attorney that you can see ASAP.
Good luck. I hope your son can see you before you go. I am sure it would be good for him, if he is old enough to know who you are..
2006-11-12 17:00:04 · answer #3 · answered by tonks_op 7 · 0⤊ 0⤋
Since you are being deployed over seas I believe that the Military will provide you with an attorney. Talk to your commander and see if this is so. Whether or not they provide you with an attorney you will need to get one and take her to court. Unless she has a restraining order against you she can't legally keep you from seeing your child. I will pray for God to keep a watch over you in Iraq and your son and situation here. Good Luck and God Bless!
2006-11-12 17:00:33 · answer #4 · answered by BetteBoop 3 · 0⤊ 1⤋
Call the police, but it's probally going to end up in court. You could also go to her house. You have a right to see your son unless you did something that would make you seem not father material.
2006-11-12 16:55:53 · answer #5 · answered by lil_mama_to_be17 1 · 0⤊ 0⤋
WOW, how selfish you are, I mean you just admitted that you and your family have a DRUG PROBLEM, and you want to ask if it is fair? Your wife did not make it supervised visits YOU did with your drug problem, and what else you failed to mention is that a judge found you unfit as well, it has to be a COURT ORDER in order for her to be able to ask for supervised visits, you did not agree to anything, it is a COURT ORDER so stop trying to make yourself look like you are the willing daddy to do this. And I commend her for having enough sense to know that you are not able to care for a newborn child. How can you even ask a question like this and expect to get sympathy from everyone. Why not stop acting like you are the victim here and go get help with the drug problem and learn how to be a real person in life, I mean stop and think about it for a minute, if it were reversed would you want your wife keeping your child knowing she is high and may harm the baby. Grow up and realize YOU are the problem and noone else.
2016-03-19 07:03:52 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Do you pay child support? If so man go to either JAG or legal off post and tell them what's going on. Unless there is more to the story, like your beat people or something, she has no real gorounds to keep you two apart
2006-11-12 16:54:05 · answer #7 · answered by heartache 4 · 0⤊ 0⤋
Instead of waisting your time on the internet, you should be calling some lawyers. They will tell you all of that for free over the phone. if you are playing with yahoo, maybe subconsiously you don't care as much as you think.
2006-11-12 16:53:54 · answer #8 · answered by Mel 4 · 0⤊ 0⤋
Yeah, call the police!!!! Take her to court. File an emergency motion to see your son. Call a lawyer immediately if you are not sure what to do and to find out your rights. You may see him as soon as TOMORROW if you file an emergency motion right away!!!
Good Luck!!
:)
2006-11-12 16:53:46 · answer #9 · answered by Boodie 5 · 1⤊ 0⤋
Your legal rights are that if you should be allowed to see the child...contact a lawyer and get it on paper.You must know where she works...shouldn't be too hard to find out where she is living.
2006-11-12 16:54:45 · answer #10 · answered by .*^+Holly+^*. 3 · 0⤊ 0⤋