Can I file a Marital Tort for :Alienation of Affection, Parental Aleination, Defamation of Character, and Blackmail?

Asked almost 4 years ago - Austin, TX

My Ex Wife has not let me see my Daughter in over 2 years. I have tried numerous times to spend time with my Daughter but, there is ALWAYS an excuse as to why I cant.
I have recently found out that my Daughter was told that I picked my new wife over her and that I didnt love her. Very recently, My own sisters confess to me that the only way they are allowed to see my Daughter is if they agree NOT to inform me and that they are NOT allowed to even bring my name up or talk about me. I have saved all the gifts bought for my Daughter for her Birthdays, Valentines Days and Christmas and have them in a storage container in hopes that one day, I personally can give them too her.
Can I file agaisnt my ex for this abuse of power and contemp of the Divorce decree?

Attorney answers (1)

  1. Michael S. Haber

    Pro

    Contributor Level 20

    Answered . You should go back to the court that granted the divorce. Assuming that the judgment of divorce set forth your and your ex-spouse's rights with regard to child custody and visitation, you should seek to enforce those rights and, possibly, bring a contempt proceeding for having willfully violated those terms.

    If you haven't already, start keeping a diary of the "excuses" as to why your daughter is always unavailable to you. That diary should include the time and date of each such communication, the method of communication (i.e., phone, e-mail), and what precisely was said.

    While divorced parents should always seek to be flexible as to visitation issues, you should not allow your ex-wife to walk all over you in this regard. The years that you are losing with your daughter may never be recaptured.

    Please note that I am a New York attorney and cannot advise you as to the application of another state's substantive and procedural laws. For that reason, you may wish to consult a local attorney.

    Good luck to you.

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