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Filed petition

Discussion in 'Child Custody & Visitation' started by DMixon85, Jan 22, 2020.

  1. DMixon85

    DMixon85 Law Topic Starter New Member

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    Jurisdiction:
    Mississippi
    In 2016 my ex and I had a visitation agreement drawn up when I moved out of state for shared custody and visitation. In 2019, the father tells me that our agreement wasnt legal and he wont be allowing her to come back with me, he is also refusing to let me see her. I called the courthouse to see of anything had been filed to make sure. Court house said that there was a petition filed but there wasnt a court order filed. What does that mean? Who has legal rights? If our agreement isnt legal, can I legally take her back? Please any advice would be greatly appreciated!
     
  2. KatDini

    KatDini Well-Known Member

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    Ex-husband? Ex-boyfriend? Paternity established by court?
     
    justblue likes this.
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    That means that he has as much right to your child as you do. It also means you need to get a lawyer and get to court. Preferably before he does.
     
    Red Kayak likes this.
  4. zddoodah

    zddoodah Well-Known Member

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    Your ex-what? Ex-spouse? Ex-boy/girlfriend? Ex-something else? If this is anything other than an ex-spouse, was the father's paternity ever established? If so, how was it established? Note that "his name is on the birth certificate" does not answer that question. Was this "visitation agreement" adopted by a court as part of a divorce decree or custody/visitation order?

    I assume "the father" is the same person you referred to in the prior sentence as "my ex." Did he offer you any explanation for his opinion that your "agreement wasn[']t legal"? If so, what explanation did he give?

    Umm...first of all, what courthouse did you call, and why did you choose that particular courthouse to the exclusion of all others? Second, to whom did you speak at the courthouse (not a name, but a title -- e.g., court clerk)? Third, I assume it means exactly what it says, although we obviously have no way of knowing what sort of petition that might be.

    Everyone has legal rights.

    Since you're apparently the mother, if you can acquire possession of your child without disturbing the peace, you can do so legally as long as no court order says otherwise.

    It sounds to me like, when you and your ex separated, you disregarded all appropriate legalities as it related to your child. You should now consult with a local family law attorney and seek to obtain appropriate orders regarding custody, visitation and support. You should also answer the questions I asked above.

    I disagree. Since we don't know if this is an ex-husband or something else (my guess is that it's something else), and since there appears to be no existing custody/visitation order, and since we don't even know if the father's paternity was established, it is entirely possible that the OP's ex has NO enforceable legal rights regarding the child.
     
  5. DMixon85

    DMixon85 Law Topic Starter New Member

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    He is an ex boyfriend. We got a lawyer to file an agreement. Only thing I did was sign it and had it notarized and she was suppose to file it.
     
  6. Zigner

    Zigner Well-Known Member

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    Ask the lawyer.
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I'm just old fashioned. When I hear "Ex" and "Child" in this context I assume married. I should become way more cynical on this issue.

    That assumption was increased because this woman allowed the child to stay with this man when she left the state.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Unfortunately, that seems to be the exception these days, not the rule.

    Easy to tell, though. When a poster refers to an ex as the "child's mother" or the "child's father" you can be sure it's not an ex-spouse.
     
  9. leslie82

    leslie82 Well-Known Member

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    You need a lawyer or find the lawyer who was supposed to file your parenting plan.

    If your ex never established paternity, he is not legally the father. You could just go get the child. However if he has paid child support then his paternity was established in that order.

    You really need a lawyer.
     

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