STBX thinks she can tell me when I see my child.

[Fueledbyjava]

Well, my stbx moved out last week and so far i have had our child one day out of eight. I have "asked" for her repeatedly but she believes that she can tell me when I am allowed to see her. I talked to my atty and they have filed the motion (see other post) which she and her atty objected to ( no surprise there). But he said legally all I can do is ask and voice my disagreement with her not "giving" me equal time with our daughter as if she has the right to make that call. Does anyone know what I could do? I still live in the marital home, pay all daycare costs etc. My atty says I can't call the police as there is no order in place specifying custody either way. I am her father and have been her primary cartaker for the last year while my STBX was consumed with her affair, she has no right to keep me from my daugter. I have tried to establish a schedule with her but she just blows it off and doesn't agree with me. I only want equal time with her. Help!

[MixedBag]

 sending you a pm.

[Fueledbyjava]

PM'd back.

[Kent]

Document, document, document.

Check if you are in a one-party state and wear a voice recorder.
Ask for equal time in an email or regular mail and let her reply in writing that you can't have your daughter.

Of course (but this is a risky avenue) since there is no order you have as much right to your daughter as she does. Once you have her you are under no obligation to give her back to her mother - since there is no court order. I am surprised your attorney has not informed you of this yet.

Godd luck.

[Fueledbyjava]

He did, I also have done the e-mail thing as well as text messaging. Thanks for the advice though.