My ex is manipulationg my daughter into agreeing not to see me over the weekend and X-mas break because he's pissed off over a fight we had. Does he need the court to approve this? Will police abide by my daughters when she says she doesn't want to go?
2007-12-02 17:35:32 · 4 answers · asked by kimberleyelizabeth 3 in Politics & Government ➔ Law Enforcement & Police
Robert, thank you for sharing this difficult subject with me. I do have a lawyer to protect me from such things, Thankfully. because there was a time when I didn't have a lawyer to help me and I was victimized by the law just like you.
2007-12-03 00:18:50 · update #1
In some states, this would be an example of custodial interference, and the police could wind up arresting the guy.
Or, it could be like what happened in my case, and the only judge in the jurisdiction with the authority to sign a warrant for such an arrest could wind up fearing that with your ex in jail, custody would be reversed, and his county would wind up receiving less of a taxational base from the reversal of child support, and decide to treat your accusation as a threat to his own livlihood, and write an 'ex-parte' (without your knowledge) restraining order against you, so that even if you DO ge to see your daughter again, YOU could be arrested simply for being within so many feet of her, and wind up spending the holidays in jail.
That is exactly what happened to me three christmasses ago.
I got out of jail the very next day without even the need of being arraigned, but, the police who arrested me stuffed my daughters into the back of some other police car and placed my daughters back into the 'custody' of the criminal ex-wife.
Now, they flat out refuse to try to be seen with me anywhere near either their mom's home or mine, for fear of having that happen again.
Custody and child support are big business in some pathetic places.
So, whatever you do, be cautious.
2007-12-02 21:47:11 · answer #1 · answered by Robert G 5 · 1⤊ 0⤋
Technically, a teen is under the control of his/her parents. As such, if it is your time for visitation, the teen does not have the right to refuse to abide by the decree.
Having said that, there seems to be bigger issues here that need to be addressed. You can make your daughter spend time with you, but you can't guarantee that it will be a pleasant time.
You need to talk to a lawyer/legal aid to find out what options are available. In this type of situation, family counseling for you, your ex, and your daughter is probably what your daughter needs.
2007-12-02 18:19:26 · answer #2 · answered by Tmess2 7 · 0⤊ 0⤋
The stipulations on the agreement governs the visitation rights of your daugther even when there was a fight involving you.
2007-12-02 18:04:50 · answer #3 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
even your daughter must obey the court visitation rules. If your husband can bring proof that you are not a fit parent to court then that is the only way he can prevent your visitation with her.
2007-12-02 18:00:13 · answer #4 · answered by Anonymous · 1⤊ 1⤋