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Denied access to child -- I was served with a custody claim and vacated our home.

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Old Jun 18th, 2011, 10:43 AM   #1
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Default Denied access to child -- I was served with a custody claim and vacated our home.

I was served with a custody claim on Thursday and vacated our home.

The claim says that when I have a suitable residence I can visit with my daughter, I have a suitable residence now.

I wish to have my daughter for fathers day and have requested this from my wife.

She is denying me access, yet have been a stay at home dad her entire life (7 years)

Does she have any right to deny me access to my daughter?

(there were no police involved when served, no incidents, we are not legally separated)

I am the child's biological father.
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Old Jun 18th, 2011, 11:42 AM   #2
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Default re: Denied access to child -- I was served with a custody claim and vacated our home.

Depending on the wording of the order, you would have to show the court you have a suitable residence. There isn't much you can do for visitation with your daughter tomorrow if the mother won't allow it. You can file for a modification of the original order with the court to gain more visitation with your daughter.
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Old Jun 18th, 2011, 01:28 PM   #3
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Default re: Denied access to child -- I was served with a custody claim and vacated our home.

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Originally Posted by Muzoid View Post
I was served with a custody claim on Thursday and vacated our home.

The claim says that when I have a suitable residence I can visit with my daughter, I have a suitable residence now.

I wish to have my daughter for fathers day and have requested this from my wife.

She is denying me access, yet have been a stay at home dad her entire life (7 years)

Does she have any right to deny me access to my daughter?

(there were no police involved when served, no incidents, we are not legally separated)

I am the child's biological father.
To deny you the company of your daughter is downright mean! I hope the judge feels the same way when you are next in court.

But you will have to reapply to the court for visitation, which I hope is liberal considering the facts as you stated in your post. Your daughter deserves as much time with her dad as possible, as long as you have suitable accommodations for her and your conduct is salutory.

As a stay at home dad, if you have been the primary parent, you have a good shot at residential custody of your child which I assume and hope you will go for. The spiteful act of your wife should go against her as residential parent, too.
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Old Jun 18th, 2011, 02:22 PM   #4
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Default re: Denied access to child -- I was served with a custody claim and vacated our home.

There is no order, only papers were a trespass order and a claim for custody papers, court is in August.

Update:

An officer came to see me sent by my wife.

She kicked me out with an order of trespass, cop told her it's not legal and I was given access to my house a key to the new lock and she has no right to stop me from going there.

I also took my daughter for the night, and told my wife I will return her sunday at 7pm.

I also told her that I will pick up our daughter after school everyday (which is her normal routine)

The officer told her to look into some kind of temporary custody thing that must be signed by a judge....can I also do the same to counteract it if she does.

My wife is being calm and agreeing to let me have our daughter half the time to be fair.

Being the weekend I cannot contact my attorney until Monday, thanks for all the replies.

Any information is greatly appreciated.
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Old Jun 19th, 2011, 04:37 AM   #5
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Default Re: Denied access to child -- I was served with a custody claim and vacated our home.

Happy Father's Day!
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Old Jun 19th, 2011, 07:31 AM   #6
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Default Re: Denied access to child -- I was served with a custody claim and vacated our home.

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Happy Father's Day!
Thank you kindly....it is a very happy day
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