child custody& visiation

[wabbit]

What is the name of your state? arkansas, My 13 year old daughter lives with me(her dad) and her brother lives with her mother. We were never married but we had 2 kids. all 4 of us live in the same town,she is on one side and i am on the other. anyway our daughter does not want to see her mother,nether do i. i am wondering if i am at work and my daughter is at home,should her mother show up at our home does my daughter have the right to call 911 and have her mother removed from our home? I rent this home with my daughter,her mother has never been in here. second question, how do i find out the age at which a child can decide which parent they want to live with for each state of the union ,in case we have to move. thank you

 

[dixygrl04]

My recent experience with this type of situation, if the mom has any rights or visitation rights, the child is legally supposed to go. You could be in contempt for not sending her for visit. Even though the child doesn't want to go and you don't want to see mom. I've been in the same situation, and according to law, if they have visitation order, they are supposed to go. Now, no one can force her to go, you will just be in contempt in court is what I am saying.

 

[wabbit]

We have never been to court for custody of the children. I hope that never happens,we just want her to leave us alone. Both her and i have been hurt by this, i can see it in her face at times. She miss,s her brother and so do i. But joint custody of children isn,t good in this case ether.

 

[hexeliebe]

But joint custody of children isn,t good in this case ether.

Really? And since you are an attorney, child psychologist and fortune teller all in one, you know this for a fact?

First off, you're wrong. Because custody has not been established by a court of law, and because you have said in your post that the two of you were not married at the time these children were born, then legally, you are not their father.

Guess what? Mommy can come over any time she wants to retrieve HER daughter. Because, until you establish Paternity, you are a legal stranger.

Even in Arkansas the only PRESUMPTION of parenthood resides with the mother. A father is presumed based on marriage or a voluntary paternity declaration, neither of which I presume you have.

If you want momma to leave you alone, you'd first better establish that you have a right to this child. And that will require a Paternity test and a court order for custody.