I was involved with a woman when I was 16, and she ended up having my first child. The mother and I used to get along well, and she wanted me to spend everyday with my daughter. However, once I got a new girlfriend (who is now my fiancee), she stopped wanting me to see my daughter. It's because she thought that we might have been able to get back together, and I hurt her when she found out that wasn't possible, so now she's trying to hurt me back by keeping me from my daughter.
There was a time when I was still able to see my daughter a couple times a week. However, I could tell there was some jealousy and hard feelings between us because our daughter preferred my girlfriend and I instead of the mother and her boyfriend. Then a few weeks ago, the mother said, "I don't think you're going to be seeing her anymore," picked up my daughter, and walked away. Is that legal, to just not let a father see his daughter anymore? I love her with all my heart, and I'm devastated without her.
2007-06-26 11:23:57 · 17 answers · asked by Camilito 1 in Politics & Government ➔ Law & Ethics
You need to hire a lawyer and take this to family court they will issue a custody agreement and if she breaks it then it become illegal. Also its very cruel of her to keep a child from a father that wants to see her. There are so many kids in this country that no one wants and she wants to keep a guy that wants to see his kid away out of spite because she was hurt that is pretty low. Children are not bargaining tools! I hate seeing kids being used like that to get back at a person it makes me sick.
2007-06-26 11:30:39 · answer #1 · answered by Jessa 5 · 1⤊ 0⤋
This is what happens when a child is born out of a marriage. If you had been married, all these things would have been spelled out, but since you weren't you will have to petition the court for visitation rights. If on the birth certificate as the father you should not have a problem, unless there has been some other issues that the mother can raise, such as child abuse, or fears that she may have, that she can prove. Also, if you are not currently paying for the child's support, at least what is recommemded in your state for child support you will also have to begin to pay that amount. The mother is entitled to child support even outside a marriage. So, if you are paying child support, or can and will, and have given no reasons that can be supported that the child is not in safe and good hands, you will be granted legal visitations. It may not be as much as you like as this is a young child, but as the child grows older you should be able to visit more often, and if you marry and provide a stable and fit home, the child can begin to stay over, as you will have a spouse and female assistance. You might want to discuss this with her before going to court, as she will certainly understand that you have the right to see your child under certain conditions and she may not want to chance that the courts would grant you more than you already have been having with her permission. She will also have the expense of a lawyer and court costs, if she loses.
2007-06-26 19:09:43 · answer #2 · answered by H. A 4 · 0⤊ 0⤋
Please remember your daughters mother may feel threatened like you want to take your daughter away from her. You mentioned she had hurt feelings and maybe is jealous of your new girlfriend. I am going through this. The best advice I can give you is to sit down and have a heart to heart with your daughters mother. Validate her feelings and reassure her you just want to see your daughter. If you remain friendly, things will go much smoother, even if this goes to court. But yes, you do have the right to see her, you may have to go to court to get a visitation order in place. Keep it friendly at all costs.
2007-06-26 18:31:08 · answer #3 · answered by Wildflower 2 · 1⤊ 0⤋
Yes- you have rights as a father. You should definitely get help from a family lawyer. Even if you two were never married- you should still have a custody agreement established so you can protect yourself and your daughter from your ex's interference.
Be prepared for a rocky road though. If your ex is vindictive enough to keep you from seeing your daughter then she will likely make the proceedings very hard for you; but don't give up- don't let her win- your daughter deserves to know you love her.
2007-06-26 18:38:25 · answer #4 · answered by lady_jhereg 3 · 0⤊ 0⤋
It does depend on what kind of rules the two of you have agreed upon. If you have not set up a visitation and child support plan with family court, do so immediately.
If you are paying child support on time, then she has little right to deny you visitation rights. If she believes you are being a bad influence on the child (smoking, drinking, doing other drugs, or having sex in front of your daughter); then she has every right to contest visitations. If your daughter returns to the mother's home with head lice, she has every right to contest your being allowed to visit.
If the mother fears for the child's safety and well-being, suggest supervised visits monitored by Child Protective Services.
Get to the bottom of this now, with a moderator from family court.
2007-06-26 18:39:09 · answer #5 · answered by Kevin k 7 · 0⤊ 1⤋
No, that isn't legal. You are the biological father and have every right to see her. In this case though, since your daughter's mother isn't cooporating anymore, you should go through the court system. This way you can have designated time with her and if her mother disobeys the courts order she will be charged with contempt of court.
2007-06-26 18:34:59 · answer #6 · answered by horsewhisperer 4 · 0⤊ 0⤋
It is illegal.
You, as the father of the child have the same parental rights as the mother.
Get in touch with a lawyer, go to court and the judge will set regular visitation for you. You are the father and have right to access to your child, to be in on any decisions concerning the child and the right to see her. You also have the right to take the child for vacations, week-ends, summers...whatever you want.
The mother cannot legally withhold the child from you for any reason.
2007-06-26 19:25:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I think your going to have to take her to court and try for custody if you want her bad enough. I dont know what state you are in, but Im in Idaho, and here, I know that whom ever has the child in possession at the time of file court papers for custody, will keep the child until it goes to court. I think she can keep you from seeing her until you take her to court....She hurting the child in the process of trying to hurt you, which in court, the judge will see what she is doing, and that is not for the best intrest of the child. If you take her to court, you should make sure you have a stable home, job, and the ability to care for the child...Thats very important in a judges eyes.....I wish the best for you and your daughter....Good Luck!
2007-06-26 18:32:43 · answer #8 · answered by HorseLuvr 1 · 1⤊ 0⤋
Have you financially supported your daughter since her birth? You need to see a lawyer and get visitation court appointed. But in turn be prepared to hand over 25% of your income to support your daughter. Sounds like the mother hasn't grown up all the way yet. See a lawyer and get things set in stone on your visitation rights.
2007-06-26 18:30:32 · answer #9 · answered by Stefbear 5 · 1⤊ 1⤋
Go to court and get your rights set down.
But let me ask. Are you contributing financially to your daughter, or just spending time with her? I ask this, because the court is going to ask the same thing, and probably not give you visitation without support.
2007-06-26 18:27:58 · answer #10 · answered by Anonymous · 2⤊ 1⤋