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My childs dad and i have joint custody. The child currently resides with the dad because of his false claims of me not giving him my address and phone number that did not change. i have visitation rights. The father has kept our child away from me and will not allow me to visit nor talk to her. I have not seen her in almost a year. i have a court order stating that i do have visitation rights. Can he legally keep my daughter away from me like that? Can i file for full custody? My daughter had always lived with me up until a few years ago. I have no criminal record, nor have i ever been investigated by anyone. I really think his wife has alot to do with me not being able to spend time with my daughter and it is really affecting our parent/child relationship. Help!
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Child Protection & Advocacy Attorney serving Cumming, GA
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Cordell & Cordell, P.C.
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If you have a court order that grants you visitation rights with your child then your child's father does not have the right to keep your child away from you. Based on the facts you've provided, you could bring a contempt action against him. Child custody is based on the best interest of the child. The court will consider a number of factors in making this determination. You can file for a modification of custody, requesting that you be awarded primary physical custody of the child. I would recommend consulting an attorney in your area who can properly evaluate any and all claims you might have.
Diona M. Potter
Potter Sieg, LLC
DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute legal advice. It is provided solely for informational purposes. Do not assume that the legal theories I mention that pertain to GA will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified attorney with whom you can share information which can be thoroughly assessed, so that you can get competent legal advice from which you can make an informed decision.
Answered on Jan 06th, 2012 at 1:55 PM