Can my ex wife keep me from seeing my daughter?

Asked over 3 years ago - San Antonio, TX

I was taking care of my daughter since October 1st. During that time her mother visit her twice and the second time she kept her saying im keeping her call my lawyer if you have any questions. I asked when can i see my daughter and she replied when the courts let you.

Additional information

Its a soon to be ex-wife....she filed for divorce and refuses to let me see my daughter...

Attorney answers (2)

  1. Thomas James Daley

    Pro

    Contributor Level 18

    Answered . You refer to your daughter's mother as your "ex" so I assume you were divorced after your daughter was born. If that's true, then your final decree of divorce probably contains a section entitled "Standard Possesion Order" or "Possession Order."

    Under the possession order contained in your final decree of divorce, your rights will be spelled out in detail. You have all those rights until your ex files for a modifictaion to keep you away from the child (an unlikely outcome without some ugly facts on your side).

    So assuming that you have a standard possession order in place, your ex cannot keep you from seeing your daughter.

    You can file a motion to enforce the possession order.

  2. Eric B. Dick

    Pro

    Contributor Level 14

    Answered . If you do not have any court orders then you have just as much right to see your daughter as the mother has.

    I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.

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