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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16476
Experience:  Licensed experienced Attorney
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My 36 year old daughter had a brain stem stroke. Her husband

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My 36 year old daughter had a brain stem stroke. Her husband has banned all family visitations to her. She is like his prisoner. What can I, as a mother do?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am so sorry to hear about this unfortunate situation.

Is your daughter coherent?

Was she declared as wing incompetent by the court and was the husband appointed as her legal guardian?
Customer: replied 3 years ago.

she is very competent, just loss of some motor function, but after hospital and Rehab Hospital, he took her home early, and knows I knew she wanted a divorce before stroke. her wealthy father is the only one of the family allowed to see her, as he pays all bills.

Thank you for your follow up.

Does your daughter wish to see you or to have visits with you?
Customer: replied 3 years ago.

When we were allowed to see her, maybe 4 times before he shut off all visits, she said yes, and we asked her if we could set up a regular schedule, but as soon as she gets home, he sends texts, which we have save, saying "No more Visitation"


 


Her father, divorced from me, says he wants to help, but says he is afraid he will be banned too.


 


Son in law uses emotional blackmail on him. Husband pays, and son in law buys Porsche!!!!


 


Doctor says she needs more socialization, but is down to 2 visitors.


 


Son in law also allows 2 chidren to visit me when it is convenient for him.

Is your daughter able to make a phone call?

Is she able to move around on her own?

Customer: replied 3 years ago.

she cannot dial phone by herself. He works at home. Not able to get around by herself yet. She has a caretaker, the fifth one, that has lasted the longest , as he is a man. Her father pays for him, but I believe that when the caretaker leaves at 6, husband has probably threatened to leave with children.


 


My 10 year old granddaughter told me on last visit "we will get a lot of money, when Grandpa dies" Also, lots more info she has asked me to keep private. After a visit here, she never wants to go home. Father has provided no counseling for children

Thank you for your follow up.

Unfortunately, the only way for you to gain visitation with your daughter is to file a Petition to declare your daughter incapacitated and to seek the court to appoint legal guardian as well as to seek visitation with your daughter.

Once petition to establish legal guardianship for your daughter is files, the court will appoint a committee to determine whether your daughter is unable to conduct her own affairs, care for herself or to make her own decisions and if it is determined that she does need legal guardianship established the court will also review your request for visitation.

This can be a complex legal process, so it would be a good idea for you to consult and retain local legal guardianship law attorney to help evaluate this situation and to proceed with your petition.

I wish you the best of luck!

Alex J. Esq. and other Family Law Specialists are ready to help you

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