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Question

I had an argument with my wife an grabbed her arm and left a bruise. She had me taken away for an "involantary mental evaluation" by the police and I passed all of there testing. Now she is staying with friends and will not let me see or speak to my daughter saying she is afraid for her saftey. I have no history of violence and have never hurt my little girl who is 4. Can my wife keep her away from me? I have not been charged with anything. We live in Charlotte NC.

Submitted: 387 days and 20 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Charlotte, North Carolina

Accepted Answer

At this point, since there is not a court order (temporary or otherwise) keeping you and your child apart - you have equal custody of your child - physically and legally.

 

No, your wife has absolutely no right to deny you custody and/or visitation to your child.

 

Obviously, anything you do aggressively probably will have terrible effects against you (women have an advantage in these things and the courts generally take their side - not always, but just generally) so I would file an emergency custody action against the wife and demand custody/visitation immediately. It's going to be a costly endeavor but you have little alternative if you want to see your child and she won't let you.

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Expert: Law Pro
Pos. Feedback: 99.0 %
Accepts: 
Answered: 10/30/2008

Attorney

19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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