Can I deny my ex access to our daughter?
I am in need of advice and assistance handling my divorce. The divorce it's self is uncontested but we do have a daughter which is going to be a fight. She has recently began asking to see her after about a two year absence. I do not want leave my daughter in the custody of someone who doesn't even know her anymore. On top of that she was extremely inconsistent, multiple no call no shows, when she was seeing her and lives with an abusive alcoholic who is on probation and still drinks. She also has recently began threatening me saying that she is getting a lawyer due to someone pictures of her that she says I posted online.
2 attorney answers
The best course of action is to file for divorce as soon as possible and request a temporary order hearing that will give orders regarding where the child is to live, whether there should be any restrictions on visitation, child support and medical support while the divorce is pending.
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I would not do so without filing a Petition and a hearing and order. I can't tell if you just filed for divorce or if there has been hearings in your case. Without an order she has just as much right to the child as you do...if she takes the child into her possession and refuses to let you have the child back, she can do so just as you can. If you are in Dallas County you can get a hearing, possibly before Christmas and if not shortly after.
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