Is this legal?

Question

I have a 3 year old daughter. 95% custody to her mom and 5% to me. There is not a schedule of days that I have with my daughter because I worked out of town for long periods of time. sad to say I have been late on my child support for a couple of months, bad luck, and bad times. My daughter told her mom’s new boy friend she hates him. I am being accused of brain washing my daughter. I feel there is something else like her scared my daughter telling me or my mother something that happend and she is scard what I would do. She tells me the only way I can see my daughter is If I am supervised by her this goes for my family as well.She is now not letting me see my daughter verbally and then yesterday physically. I have my rights to see her right? Without court order she is in the wrong right. I need a lawyer but can not afford one at this time. Should I call and file a report with police for proof to the court? How should I react?

Answer 1

Depends on what the divorce decree says but really, you need a lawyer. Sad truth is divorces don't completely end marriages when children are involved. Until your daughter is of legal age you should plan on having a lawyer if you want to be in her life.

In addition, failure to pay child support, being absent for long periods, etc are not going to win you points with the ex, your child or the court.

PS filing a police report is not proof, it is merely a formal accusation. You really need a lawyer.

Answer 2

Well, for one, child support and child visitation are two completely different matters. Even if you are late on your child support, you still have a right to see your daughter. I would enforce the child visitation order and if there is none (which is what you implied), I would petitition the court for visitation. You can probably do that without a lawyer, if necessary. Most of the time, unless your a real unfit father, the judge with order joint custody and visitations.

Three year olds are very impressionable. Even if you dislike your daughter's mothers boyfriend, don't ever let on. Never put a child in the middle of a messy adult situation.

Hope this helps...

Answer 3

It's not right...your wife cannot modify a custody agreement without going through the court process. Sadly, this is probably something that does need to be looked at by a good lawyer, but if you can't afford one I suggest you go to one of those places where people will give you free legal advice. You need to make sure that your wife knows you aren't going to stand for her keeping you away from your daughter and that you are willing to involve the police or the courts if necessary. Good luck.

Answer 4

get your court documents that say you have the right to see your daughter and go with a police officer to your ex wife's house. She will have no choice but to let you see your daughter. You don't need a lawyer to modify parenting time with your daughter just a paper needs to be filed and you can get that paper off the internet of your states website. The only charge you will have is the filing fee.
Good luck

Answer 5

You'd better make sure you're up to date on your payments before taking any legal action - how do you think a judge is going to feel when you say you've got no money, but he sees a fancy lawyer standing next to you.
She HAS to let you see your daughter. Bring the police with you to enforce the visitation - and bring a copy of the custody agreement so she can't say it needs to be supervised.
She's not going to refuse visitation if the cops are there.

Answer 6

Yes, you have rights to visit with your daughter like it is stated in the custody papers. When it is time for your visit I would take a law enforcement officer with you to pick her up (have your custody papers with you). Law enforcement shouldn't haave a problem helping you out but sometimes I've heard they may tell you it's a legal matter to take up with the court. If she is not allowing you to see your child on your scheduled visits, she's in violation of a custody order. I understand not being able to afford a lawyer, but you do need one. It never hurts to have law enforcement document such incidents. It's good to have a third party witness, especially one that is unbiased.

Answer 7

All you need is your court order showing you have visitation rights. Take it to the police dept and someone will go with you and explian to her that she needs to let you see your daughter. If she doesn't then you can go to the court without a lawyer and file a petition for custody on the grounds that she is keping her from you.

Answer 8

I have been through this bull sh** so many times. First of all if you have a custody arrangement and visitation rights, she can not just decide to make up a rule and say you have to be supervised, sorry it does not work that way. If its your time to see your child and she wont let you or give her up on your time them yes you need to call the police they will get involved. They will ask to see paper work, if its legal, your visitation time that they see, they will then send you and your daughter on your marry way. ex will have to go to court to try to change that visitation and most likely not going to work on her part.

Answer 9

If there is no court order of visitation your daughter's mother doesn't HAVE to allow you to see the child at all. Without a court order of visitation there is no reason to call the police because they couldn't do anything anyway. If there is a court order of visitation you HAVE to take her to court and sue her for non compliance. You can also request that SHE pay all of the court costs and lawyer's fees

Answer 10

No that is not legal they have a law for that of lieing to the attorities and no proof of it.
But If I were you I would file a police report but they have this program called legal aid for those who can not afford a lawyer check this web site out and maybe it will help you.