Can't see my 18m old

[OZone...]

I'm kida out of options here, with no where to turn.

My wife filed a Ex-Parte order and assault which was dismissed by the court. This was over 5 weeks ago. Obviously, I couldn't call to request visitation at all.

Since the dismissal, my wife still has physical (but not legal) custody of the child and refuses to let me spend parenting time with her at all.

In NC as many states, you must have a custody order to take possession of the child.

I feel I have no rights as a parent to the child since my wife's legal assault.


I don't know where to go from here without legal action which will take months and many dollars.



Oz...

[gemini3]

Unfortunately having the court force her to allow you to see your child is the only option you have.  You can do it without an attorney if you do your homework, especially if you're just wanting to get visitation.

In the meantime document all requests for visitation that are denied, and any time that you did spend with your daughter.  This will be helpful if you do go to court.  Don't wait though - that will just make it harder.

[ocean]

Go to family court and fill out papers for a visitation/parenting plan (or custody?). They will type it up and you will be in court in a few weeks. Look on this site of all the parenting plans. Get it detailed as possible, remembering about: when child is school age? vacations, summers, birthdays, holidays, long school weekends off, times and places of pick-ups.

In the meantime, send a certified letter stating a time/place to visit daughter and if she cant make it to give you an alternative time/date by xx date. Send it overnight so you can ask for something soon. This will prove you are trying to see child. Make is a diplomatic letter so emotion.