Does she have legal right to do this?

Question

I was divorced the other day. We were separated for over a year.
She has full custody over our daughter (for now -my mistake), with no court ordered supervision -I get my daughter when she says so. I have been getting her every weekend since the separation. I HAVE been paying child support the entire time, even before it was court ordered.

Recently the ex has been keeping my daughter from me because she is upset with me, which is messed up.

Anyways, my daughter started a gymnastics class this past Sat. I went.
Well, now the ex says that the only way I can come to another is ONLY if I pay half of the fee -which I feel is absurd.
She says that if I show up this coming Sat, that she will call the police to remove me and possibly take me to jail.
The ex would be there, so it wouldn't really be considered a 'visit', but I'm not sure.

Can she legally do this (have me removed by the police)? There are no restraining orders or anything. She is simply doing this out of spite.
Any advice from experience would be much appreciated.
We are located in SC, a mother state.

Thank you.

Lori · Accepted Answer

If there is no court order instructing you to pay have of your daughter's gymnastics fees, and no restraining order prohibiting you from coming within x feet from your ex-wife, then the police probably would not be interested.  However, as the venue where your daughter takes gymnastics is likely a private venue, they may ask you to leave.  If you are asked to leave and do not, then you may be charged with trespassing.  

You should really consult an attorney to formalize the amount of child support you will pay to your ex-wife, whether you will pay any additional amounts (towards gymnastics, heath care, etc.), and whether you can/may attend events in which your daughter is participating, even if such events do not occur during your scheduled visits.  You may also want to formalize your visitation schedule, so that you are not subject to the whims of your ex-wife as to when you may see your daughter.

saved_by_grace · Answer

No....she can't not tell you to leave a public place. If I were you...I would go back to court and file a Motion to Modify in order to get court ordered visitation. This is the only way she is going to stop dictating when you see your child.

Badge203 · Answer

Nope, you are at a public place and she can not have you thrown out of a place she has no control over

As long as there is no restraining order out she can do nothing

But why are you even screwing around with this? Hire a lawyer

? · Answer

You need real legal advice from an attorney in your jurisdiction who handles divorce and family law matters.  It sounds as though you two may have done a "do it yourself" divorce rather than with proper legal representation.  If so, that is even more reason to get yourself an attorney.

Michael E · Answer

No she can't. The owner of the gym might call the cops and have you removed, but your ex can't have you arrested in that situation. 

(I'm assuming that you haven't sent any angry text messages that could sound like a threat or anything like that.)

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Does she have legal right to do this?

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