-I have a 5 yrs old daughter.I live in NYC,and so does the mother.To make story short.
(1) I have visitation every other weekend,(awarded on June 4, 2010)
(2)i was denied visits back in Nov and Dec 2010 (twice) i had court date Feb 8,2011 and was given (make-up visits) and Joint Legal custody).and alternating 2 weeks for the summer..
(3)May 13 i was denied again and i filed a police report her parents kick me out the house..And believe the child is being aliented and she didn;t want to go..
(4) i'm being accused of domestic violence was served paper on May 25,2011 2 days before my daughter turn 5 on May 27,2011.I called the cops and they took to the mom house go get my daughter but was not home she went shopping that day..and i filed another police report and another violation..and for physical custody..
(5)So i have a court date for that on Aug 22,and i already had a court date for the domestic violence on June 15,2011 lawyer wanted me to contest i said no she lying she has no proof,that i stalked her,have a gun and try to kill her so i took it to trial and have a court date again Sep 8..
(6)So would my ex loose custody?? asscusing me of DV,and put a OOP aganist me so i would not have the child on May 27,2011
And also saying the cops told her that the visits is cancel? thats bullshyt no cop would ever say that
and having a hardtime for my kid to go with me she happy when im there but when is time to go she refuse so i take her to therapy or something? to see wats the real reason she does not want to go
forgot to mention another i told my lawyer i prefer to have the child drop off at the precint,and she agree to it she said i dont want him near the house anyway.Now i'm asking the mother to drop her off but she refuse saying,"i don't have money,i don't feel good, i'm giving u permission to get her here,so i should go back and file another violation everything is copy in txt..That's great your wanting to be a man and a father and take care of you daughter. Standing ovation for that, there's not too many men like you. As far as this custody and everything seems like she's lacking on her end and trying to set you up by having the restraining order and telling you it's ok to come get your daughter when your not allowed there or by her whatever it may be. If you have documents that say you can see your daughter that are up to date then you can see your daughter. The cops can't overrule a judge when it comes to that unless you are harming your daughter and there's proof.(I'm sure your not harming her and I hope not) It's a little messed up she doesn't want to go with you when you get her but explain to her your her father and your trying to do your best. When she gets older she will understand and you can further explain what is going on. If she say for you to come get her have your mother or sisters go and get your daughter or go over there with the police to get her. Seems like her mother is causing more trouble than either of you need so she must be pretty pissed at you! Lol. But all seriousness even if she doesn't want to make an effort to bring you your daughter you make the effort to go and get her make sure it's all legit and your not violating any orders from the cops/courts. It'll be better for you if you do make and effort. Hope everything works out for you in the end.Tell her there your kids too and fight until you get to see your children.
I went through the same thing and it took me a year to finally get it straightened out in family court
with a lawyer and she was put on witness stand requested by my lawyer.She lied so much
that the judge got mad and when she stopped She threw purse at me and t he judge gave her 14 days in jail and refused bond and after 14 days she had to go to counseling,and i get to see my kids
when ever i want,and she had to get a job and not quit or get fired/SO hang in there and do your best to get your kids to live with you,even if you hire a nanny to help out.
I'm sure she is accusing you of DV because she doesn't want you to see your child. She is going to have to have A LOT of proof. She needs photos of any injuries, hospital records, police records, etc...if she has none she won't win. YOU be sure to keep a written record of EVERYTHING that happens up until the court date. Put down the incident, time, date, witnesses, place, etc...take that to court with you.
Police officers do NOT have the legal power to cancel a scheduled, court ordered visit and would never say that to your X. Only a judge has the power to do that AFTER a court hearing. Good Luck.
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