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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: Wife has lied and won't let me see my son

Posted by: Dads Divorce

Tagged in: Visitation , Parenting , custody , Ask A Lawyer , AL

Question:

Last Saturday, my wife left with our child after an argument. I was trying to stay quiet and let things cool down. She went and said i was abusive ,(she has lied on another time about a man raping her and spent 3 days in jail for that). She is on probation in Florida for assault and battery with a deadly weapon without intent to kill for hitting a car her first husband and children were in. She also attacked me with a car while she was pregnant with my child (she used the threat of abortion on me to drop charges.) We have a court hearing in 2 weeks. Is there something I can do to see my child before that? Thank you. P.S. I have all the arrest reports and the abortion papers in my hands now

Answer:

It is doubtful in most jurisdictions that you could get before a court in that limited amount of time. However, that would be dependent on the court docket in your jurisdiction. The only possible remedies are a temporary restraining order or a child order of protection. Both remedies would require that your child be in an immediate threat of harm, abuse or neglect in your wife's custody.
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