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    Childadvocate23's Avatar
    Childadvocate23 Posts: 1, Reputation: 1
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    #1

    Sep 28, 2011, 11:05 AM
    Child custody Laws with no Court order
    I have a 7 year old daughter with my ex, we were never married. Is it legal to keep him from seeing her? We do not have any court orders for visitation or a parenting plan. I am afraid he will take her from school when I drop her off, he has many problems and he is Phsycologically damaging her with things he tells her. What can I do as a mother before the paperwork goes into the court system?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Sep 28, 2011, 11:31 AM
    Without a court order... he has every right to see her when he wants.

    If you have such concerns, it would be best to get a custody and visitation ruling order from the court which would then HAVE to be followed.

    Until then he has exactly the same rights you have as far as the child is concerned.

    Keep in mind absent such a ruling right now he could in theory apply to get custody himself.
    martinizing2's Avatar
    martinizing2 Posts: 1,868, Reputation: 819
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    #3

    Sep 28, 2011, 12:06 PM
    If you do not have an attorney now , I suggest you get one before sundown.

    I have been through this and involved in others (because I had the experience of going through it many people asked for advice)

    An attorney is essential .
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #4

    Sep 28, 2011, 01:34 PM
    Has he been proven to be the legal father? Without that, he cannot just take the child from you. However, he does have the right to establish his paternity and ask for visitation and custody in court. If he is the legal father, then smoothy is right, he does have the same rights that you do unless you go to court and establish otherwise.
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