Revoking visitation and contact

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ktruong0530

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My ex (not ex-husband) has custody and I pay child support. Custody was verbal, we never went to court. We only have papers regarding child support and health care. He lives in KS w/ her, I live in NE (where she was born). since we do not have papers for custody or visitation, he threatens to pull my visitation if he's upset with me. He doesn't answer the phone so that I can talk to my daughter. i might talk to her twice a month and visit once a month. He also states it's none of my business regarding what she's doing, where she's going to school or who she's around. We've been doing this for about 2 years and I'm tired of the headache

Without custody or visitation set up by the court, can he revoke my visitation and contact as he chooses?
 
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You don't have a court order, he can pretty much do what he wants without legal ramification. You need to go and get a custody and visitation schedule as well as a child support order set by the court as soon as possible.
 
You said you have a court order in place for the child support and health care, correct? What court was that filed in? Normally it should take place where the child resides.
 
i probably won't be able to get custody because she is so young (4), correct? Just visitation rights
 
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That is hard to say without knowing every detail of your situation. Your daughter has been with her Dad for quite some time, for a large amount of custody you would have to do some type of reunification, you may be able to split up time. There is legal and physical custody, since her Dad has had physical custody of her for so long they may grant that to him and give you a percentage of the physical custody and you may get to share the legal custody at 50%. If you get 50% legal custody that would require him to notify you of any decisions and the two of you will have to agree on the decisions being made (i.e. where she goes to school, daycare, healthcare providers and decisions, etc).

But, like I said, I don't know all the details of your situation, there could be other factors regarding the relationship with your daughter and your ex that we don't know about, most family law attorneys will offer a free 30-minute consultation, you should look into that.
 
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