Q: Does my wife has the right to tell me when to see or call my child without court involve?
My wife of 4 years took my child without my consent month and a half ago moving at her parents house 50 min away from our home. Since then I signed 2 parental visitations agreements. Last agreement was due on September 24 since then she was not allowing me to speak or see my child. Does she can do that? Have I ask for her permission to speak or see my child? Does she can get a restraint order if I go to the school to see my child and take her to eat or bring her to our home for a couple of hours then take her back at her mothers house? Do I have rights? Do I have to ask the court for custody? Please I need your advise. I really don't know what to do.
A: You really need to retain an experienced matrimonial (divorce) attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
A:
Hello and thanks for your question. I'm sorry you are having a tough time dealing with your child's other parent, and to answer you really thoroughly, more information about your situation would be needed. For instance, are you divorced? Has anyone filed for divorce? Have either of you been to court already with regard to custody or parenting time? Who is drafting the "agreements" that you are signing and are they filed with the court? Of course, don't give too much detail here on this forum, but think about the answers to these questions. An attorney will need this information in a consultation to give you more specific advice.
Generally speaking, I would advise you to consider filing an application with the court seeking some sort of formalized custody and parenting time arrangement. Consider your schedule and what type of parenting plan would work for you and your child. It is not a good idea to continue to go forward without some sort of court order that lays out your exact arrangement with your child's mother. And, it is also not a good idea for you to be signing agreements without the advice of an attorney.
Consider at least a consultation with an experienced family law attorney in your area. This way you can get some really tailored advice on how to proceed in court and how to move forward with your child's mother. I'm not sure if your child was moved out of state, but if so, please be sure to mention this to your attorney because there are specific laws that talk about moving out of state with a child. Above all, remember that courts make decisions about children based on what is in their best interests and start with the premise that children thrive when both parents are involved to the greatest extent possible.
Many attorneys offer free consultations as we do. Hoping this helps. Regards, Bari
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