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    pies22's Avatar
    pies22 Posts: 10, Reputation: 1
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    #1

    Jul 15, 2012, 10:51 AM
    Mother won't let see father daughter
    HI my ex wife won't let me see my 2yers old daughter I'm on the birth certificate , she now living with her new boyfriand and my baby call him dady ,and when I have chance to see her she call me dady is well is just sick.I don't now what to do,where to go to stop this and see my baby.Please help me
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    pies22 Posts: 10, Reputation: 1
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    #2

    Jul 15, 2012, 11:00 AM
    Quote Originally Posted by pies22 View Post
    HI my ex wife won't let me see my 2yers old daughter I'm on the birth certificate , she now living with her new boyfriand and my baby call him dady ,and when i have chance to see her she call me dady is well is just sick.I don't now what to do,where to go to stop this and see my baby.Please help me
    is anybody out there
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #3

    Jul 15, 2012, 11:11 AM
    We're all volunteers here, and sometimes it takes time for us to answer.

    Have you gone to court to get court-ordered visitation?
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    pies22 Posts: 10, Reputation: 1
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    #4

    Jul 15, 2012, 11:16 AM
    Mother won't let see father daughter
    I'm so sorry .no not yet what court
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    #5

    Jul 15, 2012, 11:22 AM
    Quote Originally Posted by pies22 View Post
    I m so sorry .no not yet what court
    thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 15, 2012, 11:30 AM
    First, if you have a follow-up use the Reply or Quick Answer options. Don't Ask a new question. I've merged your threads.

    Second, you said ex-wife, this means that you have been divorced. So in the divorce what was ordered in terms of custody, and visitation for the child. It would be very rare for a divorce action that involved a child not to say something about custody and visitation.

    You said; "when i have chance to see her...". So you do get to see her. Under what circumstances? How often? It's not unusual for a child, especially one that young, to call the male figure in her life Daddy. At least she recognizes you as her daddy as well. I don't find that "sick".

    But back to court. If there was no court ordered visitation schedule, why not? If there is, and she refuses to follow it, then you go back to court and ask them to find her in contempt for interfering with it. If there isn't, then you go back to court (the same court that ruled on your divorce) and you petition for a specific schedule.
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    pies22 Posts: 10, Reputation: 1
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    #7

    Jul 15, 2012, 11:40 AM
    No we are not divorced,she explained are 2 yers doughter hi is her dady and I'm biological father,I only see her when I met them on street because we live close by.so if we not divorcet what do I do
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 15, 2012, 11:44 AM
    How long ago did you move out? Why have you not gone for a divorce? If you are not divorced and there is no separation agreement, then you have equal rights to your daughter. You can see her anytime you want. If the mother refuses, you can use that against her to get increased visitation.

    So the bottom line is you need to file for divorce and ask for joint legal AND physical custody. If you live close by there is no reason you can't have your daughter every other week.
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    pies22 Posts: 10, Reputation: 1
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    #9

    Jul 15, 2012, 11:54 AM
    OK thanks for your help I will go to court tomorrow first to see my baby and then divorce
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jul 15, 2012, 11:58 AM
    I would suggest you go tomorrow and hire an attorney to file for you. Clearly you don't understand the process.

    You file for divorce first, or, at least, a legal separation. As part of that filing you ask for joint custody of your daughter.
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    pies22 Posts: 10, Reputation: 1
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    #11

    Jul 15, 2012, 12:01 PM
    So if we not have legal separation or divorce I'm not going see my baby till then
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #12

    Jul 15, 2012, 12:38 PM
    Quote Originally Posted by pies22 View Post
    so if we not have legal separation or divorce i m not going see my baby till then
    If you go to where she lives, the mother does not have to let you in. Even if you call the police, they will tell you to go to court. On the other hand, If you had her you would not have to give her up.

    So yeah,until you get a court order you probably won't get to see her.
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    pies22 Posts: 10, Reputation: 1
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    #13

    Jul 15, 2012, 12:44 PM
    What do you men if I had her as in let sey in my house
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Jul 15, 2012, 12:56 PM
    Quote Originally Posted by pies22 View Post
    what do you men if i had her as in let sey in my house
    Possession is 9/10th of the law. Since you currently have equal rights, then whoever she is with has possession and can keep the other from visiting.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #15

    Jul 15, 2012, 12:57 PM
    Quote Originally Posted by pies22 View Post
    ok thanks for your help i will go to court tomorrow first to see my baby and then divorce
    If you were to go to the courthouse tomorrow, why would you expect your daughter to be there? When we say "go to court", we mean get a lawyer to file papers with the court. These papers would ask for an order giving you visitiation with your child. A court hearing might be necessary, but that would only be held weeks or months after your lawyer files the necessary papers.

    Quote Originally Posted by pies22 View Post
    what do you men if i had her as in let sey in my house
    Are you writing this question on a cell phone? I can hardly understand it. I assume you mean to ask "What do you mean 'if I had her', as in, let's say, in my house?" I don't see the question, in this thread, to which you refer, so, as I say, it's very difficult understanding you.
    pies22's Avatar
    pies22 Posts: 10, Reputation: 1
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    #16

    Jul 15, 2012, 01:08 PM
    First you have to afford for laweyer
    pies22's Avatar
    pies22 Posts: 10, Reputation: 1
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    #17

    Jul 15, 2012, 01:12 PM
    Thanks ScottGem for yours advices the are very helpful

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