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I have physical custody of my daughter and my ex has ...
Sent to Legal Experts March 21 09:32 PM

I have physical custody of my daughter and my ex has decional custody ...he has a history of a bad temper and has been brought up on charges and had 3 orders of protection on file. 2 by me and the other by another woman. He threatened to kill my daughter if she told me that he broke her phone. My daughter just told me because she was afraid . She is supposed to be going to Paris for a week and he won''t allow her to leave the country.....does he have a right to do that and should I press charges against him....

Customer (name blocked for privacy)
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March 21 9:58 PM (26 minutes and 4 seconds later)
         
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If she is truly in fear of her life then you should definitely file a police report as well as getting an emergency custody order and order of protection for both of you. You need to seek that she be placed in your immediate custody and his visitation rights be revoked until a hearing can be arranged for you to seek sole custody and him have limited to no visitation if she is afraid he will retaliate against her. As far as her being able to leave the country, this will depend on her age and if she already has a passport. If she is over 16 and has a passport, then as long as he is notified of her whereabouts, he can not stop her from leaving.

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March 21 11:02 PM (1 hour and 4 minutes and 14 seconds later)
         
Thank you for your prompt response.
Okay, I will do the above..
She is 13 and I have her passport. Her father is originally from france and she is going there with my girlfriend and her daughter. He is threatening to go to the airport and deny her leaving ...
for no reason then just to be mean and to take advantage of the only say he has ....what rights do I have if he is deliberatly doing this ? He knows she is coming back and she may very well visit her french grandmother...etc. Which she hasn't seen in 2 years...along with her cousins and Aunt and Uncles.....
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March 22 12:10 AM (1 hour and 7 minutes and 34 seconds later)
         
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If she already has a passport then you don't have to worry about him signing off on that (there is a new law that states that BOTH parents have to sign for a passport, read HERE). He can not legally stop her from leaving if she has the appropriate travel documents. I still suggest having an order of protection issued against him for you and your daughter as well as seeking the modification hearing to seek full custody; go HERE and luck under your state for more information. If you would like to provide your state I can get you more information for the modification hearing or simply contact the Clerk of Court in the county that issued the original custody order. Your rights are equal to his if you share custody, that is why I suggest filing for sole custody so that he does not have a say in these matters.

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truthfinder -- Truth Finder99% Positive Feedback on 2081 Legal Accepts
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March 22 1:00 AM (49 minutes and 39 seconds later)
         
So having physical custody isn't enough his decisional custody is not allowing it to be full custody...correct?
I am going to find my papers and file the appropriate documents.
Thank you ..
Customer (name blocked for privacy)
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March 22 1:10 AM (10 minutes and 9 seconds later)
         
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Correct. With FULL custody he will have no right to make decisions for her and if this is what she wants as well, she should be allowed to tell the judge; he will want to hear her opinion in the matter due to her age (she is mature enough to make a decision). This type of arrangement you have now is much like a joint custody arrangement except that she spends more physical time in your care.

Good luck & God bless!



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