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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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I am in the process of seeking visitation of my daughter. I

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I am in the process of seeking visitation of my daughter. I am trying to work things out with my ex-girlfriend. She is screaming at me saying that i am being greedy/selfish/controlling and demanding. She has two demands that she wants from me and those are:

A. Two weeks notice of my intent to visit or pick up my daughter. She says two weeks is fair cause she doesn't and shouldn't have to alter her plans for me to see my daughter.

B. She tells me that i am not allowed to talk to anyone but her reguarding the well being of our daughter.

I am asking for the following this is where she says i am selfish/greedy/controlling and demanding and her friends are backing her up. I am asking for:

A. 30 days written notice on both parties reguarding intent to move sent by certified mail

B. To have my daughter's birthday and All holidays every other year with the right to take her back to my side of the family. This shall not interfere with school

C. The right to have my daughter during summer vacation and to take her home as I want to with-out my ex-girlfriend.

D. 50/50 Joint, Legal and Physical custody to be co-parents to our daughter and to be a father to my daughter.

E. A court order granting me the privilege of claiming her on my taxes

She claims that since her demands are low and that mine are long that a judge will automatically side with her and tell me that i am greedy / selfish/ controlling / demanding and that i will loose. I feel that what i have asked for is reasonable and very very fair and very generous. Is any of this two demanding? Also can i petition the courts to allow me to take my daughter home without my ex she claims that no court will grant me the right to take my daughter home. Also can any of this be used against me in court? she claims that i am stalking her and harassing her
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Has anything been filed in court and is there an existing court order. How old is the child? What is your state?
Customer: replied 6 years ago.
No there is no exisiting court order on visitation right now im working on the forms and i tried to reason with her on what i would like and what she would like to make it easier when we go to court. The child is 2 years of age and her state is Michigan and mine is Oregon but i have full intentions of relocating to be closer to my daughter.
You need to relocate first before you file since you will have to file in Michigan.Each parent has an equal right to custody. You are at a disadvantage since she is the one that has had custody of the child and has been the primary caretaker. The longer you wait the worse it will look on you. You do need to be very careful since it appears she may be trying to set you up for some type of criminal charge. It is not unusual for one parent to charge the other with criminal domestic violence in order to try to gain an advantage at the custody hearing. If possible you need to retain a family law attorney. Unless you can persuade the judge that she is unfit or that the child is not being properly cared for she will probably get primary physical custody and you will get standard visitation. Here is an explanation of the various types of custody and the way a judge decides custody. The laws are basically the same for Michigan.

Here are the Michigan parenting guidelines
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