info on rights to see my child

[kudhoo]

Hey I have recently separated from my husband after 8 years of marriage.  I was accused of some criminal stuff, that hasn't resolved but he is not allowing me to see my child.  because he temporarily has her until this is resolved he is not allowing her to see me or have contact with any of my family. I've appealed the courts decision to not allow me to see her.  I haven't been found guilty of anythng and my child was and never got hurt.  He is just being a control freak and feeling like he only has say on what's best for the child.  He is trying to make up for not being a good father and still now he only shows that he's a good father when my family wants to see her. otherwise our child is left in the care of his mom, so he can go out partying how unjust. any info to show the courts that even though I've been accused of something, I should still have the right to see my child.  I have always been an excellent mother and until our separation i had never spent a night away from my child.  thanks

[catherine]

a lot has to do with what you are being charged with - which you never stated.


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Always do right. This will gratify some people and astonish the rest.

Mark Twain

[olanna]

or got caught doing something wrong while the child was with you to have this happen.  

Leaving a child in the care of someone responsible doesn't make your ex a bad Dad.  He does have a right to have a life, ya know?  

What exactly have you been accused of?

[mistoffolees]

See an attorney. Like it or not, you're not going to get this resolved with a self-help group.

If the criminal activity you've been charged with does not create any harm for the child, you can probably file for an emergency hearing to get a temporary custody (shared custody only, probably not sole custody) and/or temporary visitation.

If the charge IS something that affects or could affect the child, then I would suggest that you file something along the lines of "I deny that I committed any of the crimes I am being charged with, I believe that parenting time is of overwhelming importance and believe that being denied visitation causes irreparable harm to both the mother and the child and therefore request regular visitation". Depending on the severity of the crime, you might need to volunteer to have that visitation supervised.

For almost any crime (except perhaps attempted murder of the child), it's hard for me to think that the court would deny even supervised visitation. Then get the other matter resolved ASAP.

[MixedBag]

"Like it or not, you're not going to get this resolved with a self-help group."


This group has helped TONS of folks who have been successful without an attorney.

Being pro-se isn't for everyone....but it works for some

[olanna]

His reason for coming here was to give advice....and his advice was "Like it or not, you're not going to get this resolved with a self-help group."

What was your reason for coming here? Was it to give advice or seek others in a like situation to give you valuable information on how to go about making things better?

For me, I came here for help.  I didn't come here to solicit advice, but often times because many of us have dropped in that dark hole, we do carry a flashlight and know the way out...and we offer advice from personal experience, which can be quite reassuring (or unsettling), as it is.

[mistoffolees]

>"Like it or not, you're not going to get this resolved with a
>self-help group."
>
>
>This group has helped TONS of folks who have been successful
>without an attorney.
>
>Being pro-se isn't for everyone....but it works for some
>
>


I'm sure that's true. I was simply offering my advice that in this particular case, an attorney should be consulted - particularly since the OP can't even say what the charges are (or, at least, shouldn't do so in a public forum).

SOME issues can be resolved in a self-help group (you think the number's higher than I do, but that's just a difference of opinion). Furthermore, this group is great for moral support. If they were simply looking for moral support, it would be more reasonable. But I would not personally rely on it for helping to resolve an issue this complicated.

[mistoffolees]

>"Like it or not, you're not going to get this resolved with a
>self-help group."
>
>
>This group has helped TONS of folks who have been successful
>without an attorney.
>
>Being pro-se isn't for everyone....but it works for some
>
>


I'm sure that's true. I was simply offering my advice that in this particular case, an attorney should be consulted - particularly since the OP can't even say what the charges are (or, at least, shouldn't do so in a public forum).

SOME issues can be resolved in a self-help group (you think the number's higher than I do, but that's just a difference of opinion). Furthermore, this group is great for moral support. If they were simply looking for moral support, it would be more reasonable. But I would not personally rely on it for helping to resolve an issue this complicated.