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suzanne254 · Jan 11, 2008, 02:35 PM

Two years ago I had a breakdown and was admitted to hospital for three months. When I attempted to return to the family home my partner refused me access stating that he would take my daughter away if I returned to the family home. I then agreed to a reduced financial settlemement to enable my daugheer to live in the family home with her father. I did this to minimize any upset to my daughter. I was not able to buy a home within the area that I lived with the money I received from the settlement and had to move away. My daughter chose to stay with her father and since then I have only seen my daughter the odd weekend and for a few weeks during school holidays. At the time the separation agreement was made I was not thinking clearly having just recoved froma psychotic illness and did not realise the implications of my actions on the relationship with my daughter. I am now in a position to move back to the area that my daughter lives but am worried that my ex partner will prevent or restrict access to my daughter. He will not answer my phone calls. Where do I stand legally about getting joint custody of my daughter. She is 12 years old

talaniman · Jan 12, 2008, 08:45 AM

That's for the courts to decide, and for your sake you had better be healthy. I don't know about joint custody, but visitation may be more realistic.

s_cianci · Jan 12, 2008, 08:54 AM

You can file a motion with the local Family Court for joint custody. What will happen is anybody's guess. You'd probably get it but I doubt that the judge would grant you physical custody since she's been with your ex all this time.