father/daughter visit denied by x...

[lostnsc]

What is the name of your state? CA

In April of this year my youngest daughter (12) went to live with my ex-wife. Prior to this she had lived with me for over a year. She's been living with my x now for about 8 months. My daughter has been asking if she can come to visit me. However, I did not know this until recently. My x told me and has been telling my daughter that she cannot come to visit because she has full custody. The court docs show that she has my girls 100% of the time but there is nothing written that I can't see them. Can she legally do this?

 

[Rushia]

Were you given any visitation according to the documents? Reasonable or set times?

 

[lostnsc]

No. There is nothing written.

 

[tigger22472]

If there is no court order giving you visitation then legally yes she can prevent the child from coming to see you. You need to file for visitation in the state in which the child resides.

 

[Rushia]

tigger is right. You need to file now for visitation.

 

[lostnsc]

Thank you... I will be meeting with a lawyer tomorrow.

 

[stealth2]

You need to file for visitation in the state in which the child resides.

Depends on whether that's the same state that currently has jurisdiction or not. THAT would be the state where Dad needs to file, unless none of them live there anymore.

 

[lostnsc]

I live less than 25 minutes from my x, so, I don't think there should be any filing problems... I hope

My x has made it very difficult. Apparently, last week the cops were called to my x wife’s home. I’m still unclear as to what the issue is or was and my x hasn’t contacted me about what brought all this on. I only know about the cops because my youngest daughter called me the next day. She told me that her mom sat both her and her sister down and gave them ½ hour to decide where they wanted to live???? They couldn’t discuss this amongst each other and were sent to separate areas of the home to think about it. After their ½ hour was up they had to give their decision. So, I offered to take the girls for the weekend to give them all a break and that is when my x came back with “no, I have full custody. If you want visitation you will need to take me to court…” I explained… that when I had both girls full time @ 100% and there was no visitation scheduled with her that I allowed the girls to visit with her. She reiterated herself and hung up… I’ve been out of the picture for close to 8 months now. I’ve called but my calls are never returned. My daughter said that she has never received any of my messages and mom doesn’t let her call anyone. She also said that her mom, her mom’s roommate and her grandma have all told her that I don’t love her and that it’s best to forget about me… How does the court look all this?