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Dont I have any rights?

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  • Dont I have any rights?

    If I am going through a separation and my wife is refusing to let me see my son what can I do legally? I am giving her money just so that I don't get burned later, but she said if I pay her I get to see him... Which hasn't happened. I just want to see him and everytime I try she comes up with this reason or that reason why I can't and gets all angry towards me. I need help please!

  • #2
    A little side note, she has moved approximately an hour and a half away from me, and she took my car and my cell phone with her... I have no way to drive out there and even if I did I couldnt find where she is. When she picked up the money from me last time my son wasnt with her and she said he was "in a place where I'll never find him"... I'm really fearing for his safety now. She's a very angry person

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    • #3
      Do you have a court order on support/custody/visitation? If not go to Family court "today" and seek one
      http://www.parentnook.com/forum/

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      • #4
        No, she tried to get me to sign a separation agreement saying she got sole custody but I didn't sign it. I'm just paying her money because the Marine Corps says that I have to. And on top of that I care about my son to much to not support him through her. There is no paperwork in regards to custody/support. How would I get a court order for temporary custody in my favor?

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        • #5
          Whether it goes in your favor or not we cannot say. However without a court order neither of you has a leg to stand on.
          http://www.parentnook.com/forum/

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          • #6
            And who would be deciding the custody/support? How long of a process would this be?

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            • #7
              A judge and how long is unknown. However you should not try to do this on your own. Consult a Family Law Attorney
              http://www.parentnook.com/forum/

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              • #8
                Dear Mac

                The important thing right now, since you did not sign the separation agreement, is that something is put on paper (court order) that you are SEEKING custody - or visitation for that matter.

                If you file right away, she will not be able to say that you are not TRYING to see your son. (Your previous posts indicate that she is trying to make it appear that YOU are not trying). If you file right away, that ends these attempts to make you appear this way.

                It also makes her accountable to the court for allowing you to see him. At this point it doesnt matter who has custody - what matters is that the court becomes involved. That means she is accountable to someone.

                God Bless!
                Amy

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                • #9
                  And if there isn't a support order RIGHT NOW... do not pay her another dime.

                  Put the money you would pay her into an escrow account.

                  Until there is a court order, any monies you give to her will be considered a gift... and you could owe the money again.

                  You do not owe support until a court tells you to pay it. She does not owe you visitation until a court tells her to let you see your son.
                  Not everything that makes you mad, sad or uncomfortable is legally actionable.

                  I am not now nor ever was an attorney.

                  Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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                  • #10
                    Correct me if this is not correct. If you are married and have a child and separate, until there is a court order (temporary or permanent) regarding custody, each parent has equal right to the child. So technically you could go pick up the child (from daycare, school, etc.) and you have as much right to do that as she does. I'm not recommending it because it probably wouldn't look good when you go to court to decide custody - just like it won't look good that she took off with the child and is denying you the ability to see him.
                    Last edited by sls7; 04-21-2008, 09:11 AM.

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                    • #11
                      Ok the only problem with that is I legally HAVE to give her money. If I don't then she can get me in trouble through the Marine Corps. I had her sign the receipt saying I payed her and for what purpose, so that she could not claim it to be a gift. That still does not work?

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                      • #12
                        If you need to legally clarify this then you need an Attorney
                        http://www.parentnook.com/forum/

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                        • #13
                          Originally posted by sls7 View Post
                          Correct me if this is not correct. If you are married and have a child and separate, until there is a court order (temporary or permanent) regarding custody, each parent has equal right to the child. So technically you could go pick up the child (from daycare, school, etc.) and you have as much right to do that as she does. I'm not recommending it because it probably wouldn't look good when you go to court to decide custody - just like it won't look good that she took off with the child and is denying you the ability to see him.
                          I would go pick him up from daycare or wherever, but my wife does not work. She stays at home all day with her mom (who also does not work) and watches my son. There is no point where I would be able to "take" him without a huge disagreement. The last time I tried to get clothes from her she assaulted me, just imagine me trying to take my son.

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                          • #14
                            If she assaults you do not fight back contact Police and file report. This can work in your favor in court
                            http://www.parentnook.com/forum/

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                            • #15
                              Just for the record....... money given to his wife through an allotment via the military is a little different than just writing her a check... There are different rules that apply here. The military gives separated spouses and children an allotment out of his pay and this is overseen by the military......... I am not certain of the legalities on this and how the court sees it exactly.

                              Mac - you need to ask JAG or your attorney this question (will the court view the military allottment to her as supporting your child if you are in court over this later?).

                              Do you have an attorney yet?

                              I'm really hoping that you have called one by now and gotten set up to file for custody or visitation.... At least go for a consultation, and take all your questions written down when you go so that you don't forget anything.

                              God Bless!
                              Amy

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