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My ex husband and I have a child together he has never been…

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My ex husband and...

My ex husband and I have a child together he has never been a part of her life he has been in and out of jail. My daughter which is 9 years of age does not like going over there simply because she does not know him. I am a single mother so I can not afford to take him to court to have his rights took from him. Two months ago he started saying we need to follow our custody papers which I have no problem with. I have never stopped him from seeing her. Our papers state that durning the school year the father shall have visitation every other weekend and also says the father shall pick her up from school and drop her off Monday mornings and he is responsible for having there on time and with supplies. Well since he wants to be a part of her life now I sent a text message this morning giving him the school address being that he has never been to her school before and told him what time she gets out of school. He text back and says no the papers say I have an option to pick her up from school that he will pick her up when he is ready and stated that he would call the cops on me if I didn't agree. I don't agree because no where on our papers does it say you can get her when you are good and ready. I would like to know if I am in the right or is he in the right. I never been in trouble with the law before so I am a little worried of how this would go.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

GA this morning

Lawyer's Assistant: Has anything been filed or reported?

We filed our divorce 7 years ago and custody was included in with that. He just got out of prison so nothing has been reported. During the summer break he was suppose to pick her up on Sunday at 6 and he never showed I sent a text around 9 asking did he forget about getting her and he never responded but Tuesday he went to the law and said he needed to get his daughter which I knew nothing about I was expecting for him to pick her up on Sunday so my husband and I went on vacation so we took her with us. The cops called and told me I had to bring her all the way back so he can get her. I just don't think that is right if our papers state a certain time and a certain day don't you have to go by that?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes does he have the right to get her just anytime he feels like it instead of going by our papers

Submitted: 8 months ago.Category: Family Law
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Answered in 1 minute by:
8/4/2017
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,885
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Good afternoon. I am sorry to hear about this and certainly understand. Yes, you are right. The custody papers / court order, is going to control. What is stated within, needs to be complied with and if a parent fails to o so, they can be taken back to court and held in contempt. If the father is going to comply with the papers, he needs to pick her up from school, as stated above and needs to do so within the normal after-school pick up hours. As long as he does so within the time frame, there should be no issue. Now, if he fails to do so and you have to pick the child up, there could be issues at that time.

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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