Custody/Visitation

[guardian_angel]

Hello I am from the bronx in New york. 8 months ago my wife made false allegations against me. She had me locked up twice. The first time there was an order of protection against me that kept me away from the girls during that time she emotionally abused our two daughters. The second time she claimed that I violated the order by attacking her in the court house during business hours. I had an evaluation done where I met with the girls face to face and I asked them why they don't wantr to see me. They told me that I stole thier clothing and toys. I asked them who told them that, they said mom. I am not trying to trash the mother but what she did was wrong. No one is perfect but I was a good father and I have proof of that. I was the primary caretaker of the girls, while she only cared about herself. During my absence she had turned my daughters against me by poisoning there minds. I am in a custody battle where right now I am in the losing end. My daughters hate me because they don't understand what has happened. Now I find out that my wife is planning to leave out of new york with the girls. My question is can she do that and how can I stop her? Plus visitation hasn't been established yet. If she leaves I will keep fighting for my kids.I miss my daughters and no one is doing anything to help me, especially the courts who are now listening to my pleas. They believe all my wife's lies.

[Edited by guardian_angel on 06-27-2001 at 01:40 AM]

 

[lawrat]

She can do that as long as there is no custody agreement saying otherwise, or giving you visitation.


http://www.attorneypages.com

____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[DChristian]

reply

It sounds like first of all , that you are really the father, but has paternity been established?
If there is no previous visitation order or custody order, she may be able to leave the state. Regardless of the allegations. If the allegations are lies, how did she have you arrested? I had a similar expereince, however, my allegations were factual and although I only witnessed this expereince and no one else did, the charges were dropped for lack of evidence.
Now in your case I am wondering what held you in jail? Was there some type of evidence produced that would put you in jail? I know you say they are allegations, and I do not know the entire story, but as dissappointing as it may be, if you have this on your record, your criminal record, this may be held against you.
Do you have prrof that the mother mentally or emotionally abuses your children? these are rough alleagations as well, and unless you have proof, there is really nothing you can do, unless the children are old enough to state that they were brainwashed or poisoned.