My daughters mother just found out that I filed custody papers and now she isn’t allowing my child speak to me. Is there

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Customer: My daughters mother just found out that I filed custody papers and now she isn’t allowing my child speak to me. Is there anything I can do about that we don’t have a custody agreement.
JA: Who currently has legal custody?
Customer: Neither my child is living there and also she won’t tell me where she’s keeping my child nor where she’s sending her to school.
JA: Has there been any mediation on this issue?
Customer: No my lawyer filed my custody papers a few weeks ago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: my child has been exhibiting behaviors of not wanting to go back to her mothers house she’s been crying showing that she doesn’t want to be there and just this weekend she told me that the bf has put his hands on her to me and my mother idk if it’s true or not and I just requested today that my child speak with a COPE therapist
Answered by Ashley Paige Esq. in 1 min 1 year ago
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Ashley Paige Esq.
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Ashley Paige Esq., Expert

Hello, my name is***** am an attorney and am happy to help you today.   Please remember I can only provide general legal information and not specific legal advice because there is no attorney-client relationship between us.

I am sorry to hear you are having some trouble, legal issues can be very frustrating.  Please give me a moment to review your question.

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Ashley Paige Esq., Expert

When your attorney filed for custody was it an emergency/temporary application or was it a regular petition?  Has a hearing date been set?

Customer
Regular we just got the hearing date of Nov.19th her mother was just informed of that
Customer
Customer attachment 10/27/2021 12:40:54 AM
Customer
Customer attachment 10/27/2021 12:40:59 AM
Customer
Just so you can see what transpired I know you can't give specifics but this is why she didn't let me see my child on face time today
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Ashley Paige Esq., Expert

Ok well unfortunately if there is no order in place regarding custody, visitation etc there is nothing for you to enforce to require her to allow you to see your daughter.  However, if your daughter told you that she was being abused and there is a concern for her safety and wellbeing with her mother, your attorney can file for emergency temporary custody.  You would get a very quick court date (a day or two) and the court may, if they find that your daughter is in danger, award you temporary custody until the issues can be investigated and a full custody hearing can be held.

Customer
Ok thank you I will see what I can do
Customer
Does her emotional state counts as safety?
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Ashley Paige Esq., Expert

You're very welcome.  Well safety would really go to the allegations of abuse, meaning she is at risk of physical abuse.  But if her mental health and/or wellbeing is deteriorating, that point should also be raised.  That it is deterimental to her mental/emotional health to stay in that environment with her mother and her mother's boyfriend.

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Ashley Paige Esq., Expert

Do you have any additional follow up questions I can assist you with?

Customer
No thank you I will get in contact with my lawyer I appreciate the help Ashley thank you.
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Ashley Paige Esq., Expert

Ok good.  You're very welcome.

If that explains everything to your satisfaction, I wish you the best of luck resolving this and hope you can get your daughter some help. Take care and have a great evening.

If you have additional questions, you can ask them directly to me here:https://www.justanswer.com/law/expert-ashleypaigeesq   Please make sure you type "For Ashley Paige Esq. only" to ensure the question is directed at me.

A positive rating for my answer and service is always appreciated.  And thank you for using JustAnswer.

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