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  1. #1
    Join Date
    Nov 2012
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    6

    Default No Court Order - What Are My Visitation and Custody Rights

    My question involves a child custody case from the State of: indiana

    The mother and I had lived together since my daughters birth and about 2 months ago, we had an argument which led me to insist on her and her other 2 children to leave. At that point she had nowhere to go and I insisted that our young daughter stay with me. The mother and the other children left and up until 2 weeks ago my daughter lived with me full time with her mother getting regular visitation until she told my attorney that she had a restraining order out on me. At which point the visitation stopped. It was discovered that there was no restraining order in place and my attorney negotiated a visitation with my daughter for her mother. The mother agreed to return the child and when I went to pick my daughter up, my daughter and her mother was nowhere to be found. The mother is now using the paternity affidavit that we signed to state that she doesn't have to return my daughter and also to dictate visitation terms to me. What options do I have? My attorney has filed for an emergency hearing to ask for temporary custody and/or to establish a visitation schedule? What are my chances of getting temporary custody until there is a "formal" hearing?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: No Court Order - What Are My Rights

    On what basis does your attorney think you should get temporary custody?

    You should absolutely file for a visitation plan. How old is the child?

  3. #3
    Join Date
    Nov 2012
    Posts
    6

    Default Re: No Court Order - What Are My Rights

    My daughter is 14 months old and my attorney believes that since I've been the primary caretaker that I should be at least entitled to a fair visitation plan but has asked for temporary custody as well.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: No Court Order - What Are My Rights

    Honestly, listen to your attorney. We cannot second guess your attorney.

  5. #5
    Join Date
    Nov 2012
    Posts
    6

    Default Re: No Court Order - What Are My Rights

    But what are my rights as a current "non-custodial" parent absent a court order? My daughters mother refuses to let me see my child.

  6. #6
    Join Date
    Apr 2009
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    Default Re: No Court Order - What Are My Rights

    Without a court order, she is under no obligation to allow visitation.

    Why hasn't your attorney told you this? Once again, we cannot and will not second-guess your attorney.

  7. #7
    Join Date
    Nov 2012
    Posts
    6

    Default Re: No Court Order - What Are My Rights

    So the fact that I was the primary caregiver has no merit in this matter?

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: No Court Order - What Are My Rights

    Hon, are you not listening?

    ASK YOUR ATTORNEY.

  9. #9
    Join Date
    Nov 2012
    Posts
    6

    Default Re: No Court Order - What Are My Rights

    Wow....I'm looking for a little support and guidance in a very frustrating situation and all I want to know is whether or not I have any rights. Well I guess that I don't.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: No Court Order - What Are My Rights

    Dad, this isn't a support board. I know you're frustrated, but you do have an attorney. S/he is the one you need to be listening to.

    As I said, until there's a court order Mom doesn't have to allow visitation.

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