Dad's Rights legally. to see his daughter?

Question

I do not know a lot. But what I heard, seems unfair. There was a mistake, but still unfair. About 5 yrs ago, divorce. The son was 14 and wanted to live with dad, the daughter was 7 yrs old. There was no spousal or child abuse. But finding out his wife and neighbor were having an affair, the dad, trashed a room in the house. He was arrested, but later the charges were dropped. Since then, he saw his daughter 5x, in over 1 yr. He was supposed to see her every other weekend, but the wife would not give the child to the dad. He got court order, and I am not sure why the police did not with the court order in hand make the wife give the child for court visitation. But they did not. He was offered a job in another city ad put that on hold, hoping to save extra money so he could fight to see his child. He now has a little money, and still a court order to see his child, but police for some reason are saying he needs to go back to court for another court order because he left the state for a year. He still tried to see his daughter a dozen times in that year, and was denied by his ex-wife. He Supposedly he has joint custody. So I am not sure why he can not visit his daughter just to make contact at her school, to have a parent teachers meeting, As a parent, with joint custody, he should have the right to visit the school while she is in class, and talk to his daughters teachers, to see how she is doing. And at least to say hi to his daughter that he has not seen in almost a yr.

Update:

Sorry this is not me personally, A new friend at work. All I know of divorce is what my sister went through, with her jerk of a ex-husband. I already told him he needs to find another lawyer, and go back to court. But that could take a few weeks or longer. to find a lawyer, and get a court date. I was looking some how to at least say h to his daughter, and let her know he is trying to see her, and he loves her. And he tried to see her over a dozen times.

Bruce · Answer

Police do not enforce orders from family court. His recourse is to take her back to court and have her found in contempt. 
Unless the court order says otherwise, there is nothing prohibiting him from making appointments to speak to teachers. It is highly unlikely school policy would allow him to visit during class, that would be a distraction.

Anonymous · Answer

Here’s my problem - you want legal advice, an honest answer, but it’s not an honest post.  Have you forgotten what you’ve posted in the past?  You haven’t “heard” of this.  You LIVED this.

Anyway, I don’t know where you are. If there is a Court Order concerning visitation and the custodial parent (your wife - or ex wife) refuses to release the child to the non-custodial parent (you) YOU would go back to Court and file a Petition to hold your wife (or ex wife) in contempt of Court. This is NOT a Police matter. This is a CIVIL matter, not a CRIMINAL matter. The Police get involved in CRIMINAL matters only. I have NO idea what you mean by “... court visitation.” Yes, the Police would say “go back to Court to ENFORCE the Order,” not to “get another Order.”

Family Court is user friendly. In MY State if there is a financial reason the filing fees are waived. I have no idea what you are saving money for. An attorney? Why? It’s family friendly, there is (apparently) already an Order in place regarding visitation, and you are ONLY asking the Court to enforce that Order.

Joint custody is rather meaningless, a legal term. It’s all about who has residential custody, where the child lives, and that apparently is with your wife (or ex wife).

AND, AGAIN, YOU need to go back to Court to enforce the Order you already have.

My problem? There was no abuse in the marriage, but you were ordered into anger management, and not a short course. Why?

Slickterp · Answer

He does have that right.  If he is telling you he does not, then something is not at all what he is representing it to be.

Maxi · Answer

He already knows his legal rights.......... he has a court order to see the child, so back to court to report that the other parent is in breach of the court order, where the court will ensure they don't continue to breach it

Anonymous · Answer

Dad needs to get advice from a lawyer if he really wants to pursue visitation. A non-custodial parent can't just show up at a child's school and demand rights, that's creepy and illegal.

marty · Answer

The best thing to do is take  the mother back to court and go for full custody. If everything is like you say there will be a good chance of getting custody as the mother is already in contempt of court.

Anonymous · Answer

Some women: Causes hell, flips the blame, forces a divorce, turns the children on the father.

Also some women: Why are you never there for your children?

Men:

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Dad's Rights legally. to see his daughter?

7 Answers