• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Married, but wife will not let me see daughter.......

  • Thread starter Thread starter erichj
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

erichj

Guest
Alaska:
Our marrage had personal problems, mainly petty disagreements. She declared that she couldn't live with me, and told me to leave. I declined.
In March 2000, my wife got a restraining order, accusing me of being a pot addict, and sexually assaulting her. At trial to seek to dissolve it, nothing was attempted to be proven. The order ended 20 days later.
The first time I went back to the home, I decided to take child to park and wife was against this. She tried blocking our path by puhing and trying to pull daughter out of my arms. She pulled the fire alarm as we went out the door.
Wife got another restraining order, this time also on behalf of 2 year-old, accusing me of assault. She said she had a bruise of a hand print on her shoulder.
At trial to modify conditions set in limiting access to daughter, judge SAID she found me guilty of assault because I had described being like a football player. (I had said I was spinning around wife and holding daughter, like a football player.) Wife said pictures did not come out. Also at that hearing, at the request of wife, pay $240. a month for care of child.
Order expired Oct/Nov.
Since, wife has moved in with another man. I paid the child support. I got a cell phone so I can talk to daughter, but it has never rang. I leave messages. They are never returned. Wife will not tell me who babysits, or give a phone#. She says "I don't think that's a good idea" or,"I don't trust you";etc. She threatened to call police if I came home. When she moved out, she took name off lease. Now brother who lives there says will call police if I go there.
It had looked hopeful. We went from having christmas 2000 all together and photos, to total silence, although I have done nothing wrong since.
A month ago I filled claim of Custodial interference in the 2nd(Sec. 11.41.330) as a domestic violence issue. Although I did the research to assure I knew I was right, The exact same judge from every preceding thusfar saw "no threat".
I know I need a good lawyer, but have been reduced to living in a tent, having lost the car to wife in past judgement, thus losing good job.
I am so miserable...where do I go from here? (note: Noone has filled for divorce, and there are no current court orders under affect.)

Thank you.
 


LegalBeagle

Senior Member
erichj said:
where do I go from here? (note: Noone has filled for divorce, and there are no current court orders under affect.)

Then I suggest you research how to petition the courts for proper visitation rights and access to the child. You are not going to get very far until a judge orders her to allow you visitation time.
 
E

erichj

Guest
This is not about establishing visitation rights, as I already have those rights. Given, natural law already exists in governing my rights, being as the father w/ no court decision affecting this role.
That is why I filled against wife for custodial interference, as I needed a way to INFORCE these rights...
 

LegalBeagle

Senior Member
erichj said:
This is not about establishing visitation rights, as I already have those rights. Given, natural law already exists in governing my rights, being as the father w/ no court decision affecting this role.
That is why I filled against wife for custodial interference, as I needed a way to INFORCE these rights...

To clarify, there is no defined court order for custody or visitation.. but you have filed criminal charges against her for refusing you access to said child under Sec 11.41.330 ?


Sec. 11.41.330. Custodial interference in the second degree.

(a) A person commits the crime of custodial interference in the second degree if, being a relative of a child under 18 years of age or a relative of an incompetent person and knowing that the person has no legal right to do so, the person takes, entices, or keeps that child or incompetent person from a lawful custodian with intent to hold the child or incompetent person for a protracted period.

(b) Custodial interference in the second degree is a class A misdemeanor.

??
 
E

erichj

Guest
That is correct.
I recently filed against wife's sister, as well, who has recently taken role as babysitter by day. Sister will not answer door to me, and says to get off her property, even though it is a rental in a complex. She hangs the phone up on me in conversation when I ask to speak to my daughter.
A new judge said that no law was being broken.......
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top