My wife and I are separated and still married. We had agreed on times with our daughter without a custody order. When I went to see my daughter, the wife denied me seeing her. She went as far as bringing my daughter to an unknown location when I was going to visit. She also insists that I watch my daughter in specific places and cannot watch her where I would like to. I don't know what options I have at this point and this is going to happen again and it is very frustrating. She also has a history of mental illness and is currently going untreated. Our daughter currently sleeps in the closet of a studio apartment. I have played nice so far, but I am done trying. I would get a lawyer, but can't afford the retainer up front.
Hello. You seem to be a loving parent. What a crisis - you cannot retrieve time lost with your child. In my professional work it is not uncommon that one parent will present to me thinking that the other parent 'is the law'. Reality is you're 'choosing' what is happening, & you may begin to make other decisions. I urge you to choose a very well experienced attorney to help you. In my professional work I may assist clients pursuant to a written limited scope attorney services agreement: This sort of work I do includes the aim of cost effectiveness & attorney help that is within the financial means of the client. Such work is not done by many attorneys fyi. So you know Hennepin County has had a pilot study, initiated many years back now. I suggest you check a few att'y website bio' pages, make a few contacts, choose an att'y for yourself. Be aware that if you reside in a somewhat remote area, a very few of us routinely make special arrangements to assist such people. Do be wary of 'free advice'. Best to you & your precious child !!
Tricia Dwyer Esq
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
There is no quick solution. It is not a part live matter.
You would have to reach an agreement on parenting or commence an action for custody, divorce or legal separation and, as part of that process, mediate or litigate the issues related to Custody and parenting time.
Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.
If you are married, you and your wife have equal right to spend time with your daughter. Neither of you is superior to the other. If she is placing conditions on parenting time, or limiting your time, your best bet involves opening a dissolution file and making a motion for temporary relief to the court. Ask for a specific schedule. Some try to contact law enforcement for help, but in my experience the police or sheriff won't get involved unless you have a court order.
You need to borrow some money and obtain legal counsel.
If you are THAT concerned about your daughter's safety, then FIND a way to do it.
If, however, you are merely exaggerating the situation, then you'll be sorry if and when you appear before a judge - lawyer or no lawyer.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline