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RBinJax
RBinJax, Lawyer
Category: Family Law
Satisfied Customers: 731
Experience:  I have handled family law cases in Florida for over 20 years.
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I have been trying to finalize my divorce for almost 2 years

Resolved Question:

I have been trying to finalize my divorce for almost 2 years now. she lives in oklahoma with my 3 yr old daughter Ashlynn who I have been able to see only about 3 times in the last few years. the last time i went down there her and my lawyer agreed that we needed some reconnection time so i took 2 trips down there to spend time with her and she came up here once to spend time with me. but now that those papers are done and we are reconnected she is dragging her feet and doing nothing and in the meantime i cannot get any visitation or anything until its done.she wants her lawyer to draw up the papers but nothing is getting done, it is impossible to contact her or her lawyer my lawyer has tried so many tiems to contact them to get things done but he never answers or replies.i havent had my daughter for christmas in years, i want her to spend the holidays with me so bad but i dont know what else i can do, can she just keep her from me its not fair ive done everything she wants. help!
Submitted: 4 years ago.
Category: Family Law
Expert:  RBinJax replied 4 years ago.

You need to get your lawyer to set a status conference over your STBX's refusal to move forward. You can allege that she has dealyed the matter beyond the time needed to complete it and that if she wants her attorney to prepare the papers that is fine, but it needs to be done by a date certain.

As to your having no rights, I disagree. You have the right to see your child and maintain the parent-child bond, and your STBX is dmaging that by her delaying tactics. You may ask the judge to set visitation guidelines so that you will have regular access to see your daughter. You may specifically ask for holiday period visitation for both Thanksgiving and Christmas. You may allege that you have not seen your daughter at Christmas for several years, and it is time that you be allowed to do so, even if you are living out of state, as it is in the best interests of the child to spend part of the holiday season with each parent.

I hope this answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.

Customer: replied 4 years ago.
my lawyer has already filed a motion to enter, but he is telling me that it could be months before we get a court date to do anything and by that time it will be too late to plan anything for christmas. is there anything she is doing that is not really legal? is the whole dragging her feet thing legal? it has been so long now and i find it hard to believe that she can legally just drag this thing out and in the meantime not let me see my daughter on webcam, she didnt even let me call her on her birthday on the 7th. i guess what im saying is what can i do if her lawyer is no where to be found. she will do nothing without him but my lawyer and I can never get a hold of him. can we type up some sort of visitaion thing for christmas and take it to the court ourselves?
Expert:  RBinJax replied 4 years ago.

Although it is unusual, your attorney can file a motion without speaking with her attorney, and document in the motion that he has called the other attorney repeatedly (best to list each attempt as much as possible) and left messages without receiving a return call. The motion should point out in detail what the mother is doing to hinder your relationship with your daughter, including the web cam and denial of speaking on her birthday, and the lack of contact at Christmas, and should put it in terms of denial of access to your daughter and it hindering and damaging your relationship. You should not have needed a "reconnection" period, and would not have except for her stalling.

Hopefully, your attorney can persuade the judge's secretary to get the motion before the court on an emergency basis. Perhaps the inclusion of the term "irreparable harm", which is used in petitions for restraining orders, may help, but I can tell you from dealing with judge's assistants/secretaries for almost 29 years that there are no guarantees with such motions being scheduled swiftly.

I hope this helps.

RBinJax, Lawyer
Category: Family Law
Satisfied Customers: 731
Experience: I have handled family law cases in Florida for over 20 years.
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