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ex wont let me see my kid?
a year ago she was mad at me for cheating on her and told everyone i molested our daughter, but due to lack of evidence i was not arrested. i now have no custody and my lawyer is useless. I want to see my child, I did not do what I was accused of and being that I am innocent, why can't I see her? Shes my kid .
- James BlackleyLv 73 months agoFavorite Answer
I'm going to level with you here
I don't know one way or the other that you did/didn't molest your child, that's not my place to make that determination, so I can't attest to that aspect of your situation regarding your ex/child/you.
What I can say is that child sexual abuse is a very serious allegation, and the courts will take said allegations at the utmost importance! Family courts are meant to protect the best interests of the child, and when there is a case of sexual abuse against a parent, the judge will usually side with the parent making the accusations.
Why can't you see her? In the judges eyes, he or she considers you a child molester and a clear danger to your child! He/she is looking out for the best interest of your child, which is why your ex has sole custody of the child you guys share. For the record, I am NOT saying you did in fact molest her or insuinating you did, I'm merely saying that the judge clearly feels differentely.
There are several things you can do-
1- Your going to need to hire a much more potent attorney, prefabably one who specialises in both criminal and family law. You need an expert lawyer, a run of the mill legal aid one won't cut it in your situation
2- You are going to need to clear your name here when it comes to these sexual assault allegations! You need proof that your ex is fabricating these allegations, you need something tangible to show the judge that you are not a child molestor. If you can clear your name, this opens up a brand new custody trial and the odds would be in your favour to at least get 50/50 custody of your child, and an outside shot of full on legal and primary custody.
In the mean time while you sort these two aspects out, you cannot violate any court order, and you need to be squeaky clean, the last thing you want is to give your ex and the courts more dirt against you.
Best of luck.
- papasteveLv 63 months ago
, Depending how old the child is, even though the safety of the child comes first. Any accusation of abuse must be checked out. Sometimes that means the child might have to be taken away from both parents. Especially in a divorce, or a break up. It take time and money both will have to pay which takes away from the fmaily, the child, and each other when to parents can not work to be good parents for the sake of the child or children. Unless there is prouf of abuse to the child, abuse of alcohol or drugs, you should be able to see your child. At the very least, when there is questions, each parent should be allowed to see their child with court supervision 2 hours once a week.. That is to keep some connect to your child so he or she does not think you do not care. And is a step, to getting a regular time set up to spend with your child alone. It does not take long in the big picture to wait a few months to get a regular child visitation usually every other weekend and one day during the week. I know it is not the best and once they become 12-16 depending on your state, can request more time with the non costodian parent. Or to who they want to live with. You actually do not need a
to petition the courts for visitation. It can cost $35-$150 to ask for a court date to set up visitation schedule. Now visiting your child has nothing to do with supporting your child. You can not hold back child support, because your ex blocked or made it harder for you to see your child. Even if a court has not set a child support order you need to send money to your ex, in a check, with the words child support payments. It should be a minimum of 10% of your pay, but the courts can make it as much as 20%. But now because of the covid virus, any money given is good. Unless your ex can prove you spend money on foolish things, like my niece who has been late on her rent and car payment, has bought 2 dozen shoes in the last 6 months and she already has over 50 pairs of shoes some she only wore once. If you have not given any money in the last few months, and you had money, you need to make it up. Like gve a large payment of $1000, or more. with the words child support. And go to court tomorrow and ask for visitation as soon as possible. It could take a few weeks. Good luck.
- ?Lv 73 months ago
You didn't fight hard enough. If you didn't get a conviction then it doesn't matter what she said. Get a new lawyer and demand visitation.
- PearlLv 73 months ago
maybe you should get another lawyer
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- ?Lv 63 months ago
If your lawyer is useless, you will need to find a new one who is not. It sounds like you want to alter the custody agreement or make a complaint of contempt against her regarding the order you already have. You might find that your lawyer is more useful if you pay him.
- Anonymous3 months ago
Are you paying and if you are are you current on your child-support? If not - all bets are off your status is just a sperm donor. If so then there should be a custody/visitation agreement in place and that would be the means for visitation.