Can my ex legally stop me from picking up my daughter? We do not have anything through the court system but my daughter has my last name. I signed a paternity affidavit and the birth certificate. I have been an involved parent and have my daughter 3.5 days a week.
My advice is that you should contact a family law attorney and file a Paternity case for the purpose of putting into writing the 50-50 custody agreement that you and your ex are currently following under an apparent verbal agreement. Without a Court Order, and considering that you and your ex never married, the child's mother is presumed to have sole custody. This is a rebuttable presumption but why take a risk. Perhaps you and your ex can enter into a joint agreement establishing Paternity, Custody, Child Support and parenting time.
Until you have a court order providing parenting time, you are at risk of being denied that parenting time. You should promptly seek an attorney who works in family law in your area and file a paternity case to establish your rights by the court. If you are not already paying child support, then the court will probably establish support as well, along with the parenting time. Until this is completed, you are at risk of the other parent moving away from the county with the child - so you should act promptly.
Unless their is an order from a court, you have no way of enforcing your agreement. You should file a petition to establish visitation so that you have an enforceable agreement.
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