Can’t I see my daughter if I am living with my fiancé and we don't go to a catholic church? 15 Answers as of January 21, 2013

My daughter's dad won't let me have our daughter for the weekend.

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Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Does the father have custody? If so, is it joint custody or sole custody. Does the agreement address religion. These are questions that I need answered before I can adequately answer your question.
Answer Applies to: Illinois
Replied: 1/21/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
I don't know if you have an order of custody from the Family Court. It doesn't sound like it. The father cannot restrict your visitation agreement because of the religion or church. I would recommend hiring a lawyer and filing a complaint for custody. If you cannot afford a lawyer the forms can be found online at the Family Court website or you can go to the Family Court self-help center.
Answer Applies to: Nevada
Replied: 1/21/2013
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You should be able to see your daughter. If he is not allowing you, then you should file a custody case.
Answer Applies to: California
Replied: 1/21/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Generally, in today's world, that is not enough to suspend parenting time, unless there is an order to the contrary.
Answer Applies to: Michigan
Replied: 1/21/2013
Correia-Champa & Mailhot
Correia-Champa & Mailhot | Susan Correia Champa
I would suggest you contact an attorney. There must be something more than the issue of catholic church and your fiance'. Does you fiance' have any problems? Is your daughter raised as a Catholic and have you refused to take her to church?
Answer Applies to: Massachusetts
Replied: 1/21/2013
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    Thank you for the important question. You need to hire an experienced family law attorney like me. You have a right to have visitation with your daughter. It is likely that a court will grant you weekend visitation.
    Answer Applies to: Illinois
    Replied: 1/21/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Get a court order.
    Answer Applies to: California
    Replied: 1/21/2013
    Hamblin Law Office | Sally Hamblin
    If for those two reasons, generally no. Read the order of the court. If it states nothing about those two issues forbidding visitation, then the father is in violation. Contact Friend of Court.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    The judge will expect both parties to abide by the terms of the divorce orders. If there are terms in the order that prohibit having the child when third parties are in the house, the judge will expect you to abide by those terms. If there are no such provisions in the order, withholding the child is probably a violation of the order. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 1/21/2013
    Law Offices of John F. Nicholson
    Law Offices of John F. Nicholson | John F. Nicholson
    You should have a court order that defines custody and visitation. If you don't have one it is time to get one.
    Answer Applies to: California
    Replied: 1/21/2013
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    First, I am not sure what the Catholic Church has to do with this, but unless there is a court order you are both correct and out of luck. By way of explanation: If there is no court order, you and the father have equal rights. However, if there is no court orders, you are at the mercy of possession - can't get any help getting possession unless there is a court order. Now, if there is a court order and it says you can have possession on the weekends, call the cops for help. Have your court orders ready to show.
    Answer Applies to: Texas
    Replied: 1/21/2013
    John Russo | John Russo
    Why? You folks have to give a little more detail this is not Wheel of Fortune, has this matter been before the court in the past? Are there custody, placement, visitation, and support orders in place, if not why is the child living with the father is that just by agreement, how old is this child? Were you and the child's father married before? The only thing that I can say with 100% certainty based on the limited information provided is that the church issue is a nonstarter and will not even be heard by the court. Also, what I love about these post is that everyone live in significant other is a fiance, everybody has one instead of a boyfriend or girlfriend.
    Answer Applies to: Rhode Island
    Replied: 1/21/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If you have a child support order and he is violating it, then you need to go to court and have the court find him in contempt. If you do not have a child support order, you must immediately go to court and ask for one. Call the Idaho State Bar and get a referral for an attorney that deals in custody issues.
    Answer Applies to: Idaho
    Replied: 1/21/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No, he does not have the right to just cut you off from your child.
    Answer Applies to: New Jersey
    Replied: 1/21/2013
    Rivera Legal Group, PLLC
    Rivera Legal Group, PLLC | Victor Rivera
    My question to you is whether a court order exists defining your access and possession of the child. If an order exists and the other conservator is refusing to release the child, you will need to file a Motion for Enforcement against the other party. If no order exists, you need to file a Suit Affecting the Parent-Child Relationship. Finally, whether you are Catholic or whether you even attend church is irrelevant when it comes to access and possession.
    Answer Applies to: Texas
    Replied: 1/21/2013
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