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My wife (ex but still married) will not let me see the child…

Customer Question
Hi my wife (ex...

Hi my wife (ex but still married) will not let me see the child who knows me as dad, unless i sign the divorce. I have asked her to sign something saying I will have some custody, but she refuses

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Massachusetts

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

Nope not yet

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

That should be all for now

Submitted: 6 months ago.Category: Family Law
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Answered in 2 minutes by:
12/27/2017
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,406
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

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 6 months ago

Good afternoon. Is this a step child?

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Customer reply replied 6 months ago
step child yes, but I have not adopted him
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

How long have you been married?

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Customer reply replied 6 months ago
3-4 years, but split for 2
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

Thank you for the reply. If you have yet to adopt the child you would have no legal right, I am sorry to say. Once you divorce, any type of visitation would have to be court ordered and you would need to ask for it and show it is in the best interest of the child. You do not have to sign anything which she presents and can contest the divorce and make her file and serve you, if she will not allow for any time of visitation.

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Customer reply replied 6 months ago
if the judge does not grant any visitation during divorce hearing can I still not sign the divorce and drop the divorce hearing?
Family Lawyer: FamilyAnswer, Lawyer replied 6 months ago

I am sorry but you can not. You can not force her to remain married and if she files and you are served, that would start the proceedings. The Judge can order the divorce to be final and you can not necessarily prevent that from happening. You can contest it and make it difficult for her but can not have this dropped if she files.

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Family Lawyer: FamilyAnswer, Lawyer replied 6 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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