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jerell lewis · Jul 8, 2012, 01:26 AM

Me and my ex wife was OK. Until her new boyfriend came into the picture. Now last year her boyfriend killed her youngest child farther. Now me and him had words to share about my daughter I bought her a phone so me and her can stay in contact while I'm out on the road because am a trucker. Now I've been on the phone with her and heard fussing at my child. And the words we were concerning this matter. Now her bought the phone now she telling a need to get visitation if I want to see her.

GV70 · Jul 8, 2012, 03:13 AM

... and he is still free??

jerell lewis · Jul 8, 2012, 03:27 AM

Originally Posted by GV70

...and he is still free???

Spoke with the detective the way he did it? Is call in Florida stand your ground law. And by what I heard from my daughter and put everything together he set that up that way. Now the phone I bought for my daughter to stay in contact he had a big thing about that phone. One day my daughter did not answer so I sent the police by to check on her. So when I did that now her mother drop the phone off to my moms house and told me if I want to see her go to court for visitation. Its never been a problem with me spending or seeing her until he came alone. What should I do?

GV70 · Jul 8, 2012, 05:08 AM

Originally Posted by jerell lewis

Spoke with the detective the way he did it? Is call in Florida stand your ground law. And by what i heard from my daughter and put everything together he set that up that way. Now the phone i bought for my daughter to stay in contact he had a big thing about that phone. One day my daughter did not answer so i sent the police by to check on her. So when i did that now her mother drop the phone off to my moms house and told me if i want to see her go to court for visitation. Its never been a problem with me spending or seeing her until he came alone. What should i do?

Yes-go to Court and file for custody.For sole legal and physical custody.

AK lawyer · Jul 8, 2012, 05:39 AM

Originally Posted by jerell lewis

... her mother ... told me if i want to see her go to court for visitation. ... What should i do?

Go to court for visitiation. Duh.

Fr_Chuck · Jul 8, 2012, 06:08 AM

If you do not have a court order for visitation she does not have to legally allow you to see the child, that is the law.

You need, and should have long ago, filed for a court order.

jerell lewis · Jul 8, 2012, 07:07 AM

Originally Posted by AK lawyer

Go to court for visitiation. Duh.

Hey if it Ain't good advice keep it! And the smart remarks!

jerell lewis · Jul 8, 2012, 07:12 AM

Originally Posted by Fr_Chuck

If you do not have a court order for visitation she does not have to legally allow you to see the child, that is the law.

You need, and should have long ago, filed for a court order.

its been over seven years will that raise eyebrows in the courtroom? Now that she don't want me to see her?

kcomissiong · Jul 8, 2012, 05:36 PM

Originally Posted by jerell lewis

its been over seven years will that raise eyebrows in the courtroom? Now that she don't want me to see her?

No actually it won't. She can say that your visits were inconsistent, or that you were abusive. You can say that her boyfriend is abusive. Without evidence, they are just accusations. I'm sorry, but your story won't hold up well in court... you let your daughter live with a KILLER, and never tried to get custody to keep her safe?! Imagine how a judge is going to react to hearing that?

As the others said you need to file in court to fomalize custody. As long as you don't, she holds all the cards. She doesn't have to let you see your daughter without a court order. If you want to see her, get one.