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    missingmyanna's Avatar
    missingmyanna Posts: 2, Reputation: 1
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    #1

    Nov 12, 2012, 08:17 PM
    My ex won't let me see our daughter
    My ex boyfriend won't let me see our daughter, he has a restraining order or no contact order I cnt remember which 1 it is but my daughter has called asking to see her sister and he told her no. she turns 1 at the end of the month and see said we can't see her on her be day he told my oldest daughter they would see her soon but doesn't know when. I am wondering if there's anything I can do or if he is allowed to be doing this.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Nov 12, 2012, 08:48 PM
    Who has the court ordered custody and what are the terms of the court ordered visitation schedule? Two VERY important things that need answered first.

    If there is none... then yes he CAN do this...
    missingmyanna's Avatar
    missingmyanna Posts: 2, Reputation: 1
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    #3

    Nov 12, 2012, 09:06 PM
    Neither 1 of us have custody n there isn't. A parentinng plan, so without anything he can keep her totally away fom us?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 13, 2012, 02:07 AM
    Hire an attorney, fight the restraining order, file for custody of child, or at least file for legal visits though the courts
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Nov 13, 2012, 04:47 AM
    Quote Originally Posted by Fr_Chuck View Post
    Hire an attorney, fight the restraining order, file for custody of child, or at least file for legal visits though the courts
    Fighting the restraining order may be a lose lose situation. In some states like California once a R/O is issued it can not be recinded. It's a waste of time and money to fight it after it has become permanent.

    Is the father of the child (eldest daughter) on the birth certificate? Was he proclaimed the legal father by a court at anytime?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Nov 13, 2012, 05:51 AM
    First, where are you? Laws vary by area.

    Second, Who has the restraining order against who? You NEED to know exactly what it is. Was there a hearing, did you attend?

    Third, is he on the birth certificate or signed an acknowledgement of paternity?

    Absent any court ordered custody or visitation, he can keep you from your daughter. So the answer is to get an attorney and file for custody.
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