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    bushnan1's Avatar
    bushnan1 Posts: 3, Reputation: 1
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    #1

    Oct 4, 2011, 04:27 AM
    Does my husband have legal right to see his son on his birthday?
    I separated from my wife in April.I have a son who nearly 5 and I been told to stay away from him on his birthday as my son doesn't want me there as she said I spoilt his birthday last year but do I have a legal right to see him
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 4, 2011, 04:44 AM
    Do you have court ordered visitation? Does it mention birthdays in it?

    If not then you need to go to court and get everything spelled out. Including attendance at functions for the child in and outside of school.
    bushnan1's Avatar
    bushnan1 Posts: 3, Reputation: 1
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    #3

    Oct 4, 2011, 05:00 AM
    No never been court as we just arrange it ourself.it every Sunday I see him.I have cancelled lots of occasions.my son doesn't like me near him.if it was found out all my shouting has caused damage my son emotionally could I still see him
    bushnan1's Avatar
    bushnan1 Posts: 3, Reputation: 1
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    #4

    Oct 4, 2011, 05:03 AM
    Can I see my son
    So if I don't go court is it true she can stop me.my son doesn't like seeing me as I haven't been a dad to him so if it was found because of me he emotionally scarred could I still see him
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Oct 4, 2011, 05:45 AM
    The Court will decide, after reviewing all of the circumstances, what is in the best interest of the child. There is no way to second guess the Judge.

    If he is afraid of you, doesn't want to spend time with you, has been "emotionally scarred" by you the answer is probably that you will get no visitation or supervised visitation. In fact, I think the child's mother is being generous in allowing you to see him at all.

    But, again, only a Judge can make that determination.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Oct 4, 2011, 09:54 AM
    Until a judge enters your scenerio with court ordered visitation, there is nothing you can do about seeing him on his birthday.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Oct 4, 2011, 09:58 AM
    Are you and your wife legally separated, living apart, something else? And what are you doing about child support?

    "Twinkie" is correct. Without a Court order your wife controls the situation.

    If your son is afraid of you, why are you attempting to see him? Perhaps counselling for ALL of you would be a good idea.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Oct 4, 2011, 01:13 PM
    The title of this thread is confusing.

    You have a wife (according to your first post) and a husband?

    And you are separated from your wife, so presumably not yet divorced.

    Is this a bigamous gay marriage or something?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #9

    Oct 4, 2011, 01:25 PM
    Quote Originally Posted by AK lawyer View Post
    The title of this thread is confusing.

    You have a wife (according to your first post) and a husband?

    And you are separated from your wife, so presumably not yet divorced.

    Is this a bigamous gay marriage or something?
    From the looks of it it is husband in the first person. It looked correct to me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Oct 4, 2011, 03:40 PM
    It does look strange, the title refers to "My husband", yet the initial post refers to "my wife". But many times people start a post making believe its not about them then forget.

    But clarification would help.

    But your advice has been correct so far. Absent a court order to compel her to allow visitation, she is in control. So its time you hired an attorney and went to court.
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