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

    Jan 31, 2006, 11:42 AM
    Wife is restricting visitation
    My wife is from Indonesia and has permanent residence status here in the US. In January 2005, she left with our son and went back to Indonesia. She came back to the US in August 2005. She allowed me to have visitation on weekends during Sept. Oct. and Nov. I filed for divorce in Dec. 2005. Now she is saying that I need to have supervised visitation. My lawyer keeps saying that the more difficult she is now the better off it will be later. However pretrial is still 3 or 4 months away and I would like to spend time with my son. Is there anything that can be done to grant me visitation rights? She is also threatening to leave the country again even though there is a court order against taking him out of the state of Iowa.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #2

    Jan 31, 2006, 04:04 PM
    Sometimes posts confuses me.

    This is one of those times.

    Why not ask your lawyer what to do now? Do you not have a lawyer who is experienced in this sort of thing?

    You still have custody over your child, so go pick up your child and spend time with him.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 31, 2006, 06:57 PM
    Quote Originally Posted by mamenell
    My wife is from Indonesia and has permanent residence status here in the US. In January 2005, she left with our son and went back to Indonesia. She came back to the US in August 2005. She allowed me to have visitation on weekends during Sept., Oct., and Nov. I filed for divorce in Dec. 2005. Now she is saying that I need to have supervised visitation. My lawyer keeps saying that the more difficult she is now the better off it will be later. However pretrial is still 3 or 4 months away and I would like to spend time with my son. Is there anything that can be done to grant me visitation rights? She is also threatening to leave the country again even though there is a court order against taking him out of the state of Iowa.

    Talk to your attorney, they can file for temporay visitation rights, also see if they will hold her visa or passport of the child because of flight risk.

    But unless the court requires her to allow visiation there is no way to force her, and even with a court order, they can only take her back to court for refusing and hope the judge will find her in contempt.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 31, 2006, 06:59 PM
    Quote Originally Posted by CaptainForest
    Sometimes posts confuses me.

    This is one of those times.

    Why not ask your lawyer what to do now? Do you not have a lawyer who is experienced in this sort of thing?

    You still have custody over your child, so go pick up your child and spend time with him.

    Yes talk to the lawyer, that is what they are paid for.

    On the child, does not work that easy, wife physcilly has child, you go to her house to pick child up, she calls police and they make you leave, or arrest you if you have been loud and distrubing.

    If the court has not ruled on anyone having temp custody, if he gets the child, he would not have to give the child back, this is what she may be afraid of, or merely like too many parents using the child as a weapon to hurt the other party
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