Can my wife keep my toddler away from me while we are still married?

Asked about 4 years ago - Bellefontaine, OH

My wife left me for another man while I was in military training over the summer. She is refusing to let me see or watch my daughter even while she is working and has her placed in child care. She has filed for a divorce, and I have retained an attorney who told me there is no reason I cannot pick her up from child care. I brought her birth certificate and my ID to the child care and they refused to let me take my daughter, calling my wife and a township police officer argued with me stating she is residential parent because mothers always are. I argued with him that the ORC 3109.03 states both parents are treated equally and only unmarried women are automatically considered residential parent. We have not been to court yet.

Attorney answers (1)

  1. Joseph Carmen Patituce


    Contributor Level 14

    Answered . I would speak directly with your attorney about this issue, there are steps he can take to make sure that you have the proper visitation and time with your daughter - as you are entitled to both as a father and by law.

    If you feel your attorney is not working hard enough for you please do not hesitate to contact other attorneys, not all attorneys are the same - some fight harder for you than others.

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