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hi all my ex is trying to stop me seeing my child. because two weeks ago she came to my new partners an attacked me because i am pressing charges she is trying to get back at me by stoping me seeing my child.9 months ago she try to kill her self an there has been a patern of this in her life. i am going to try an get split custody do yous think i have a good chance i am not married but do have my name on the birth certific. please help me asap
She cannot stop you seeing your child - and if your name is on the birth certificate you are on solid ground.
I would get hold of a copy of any official reports about her mental health (do you have one describing the incident you mentioned?) That will be invaluable. Also, you should keep copies of reports about the latest attack.
Yes you have every chance of joint custody (I think they call it 'shared residency' or sometimes 'non-residency' nowadays.)
If it were me, I would go to the house and demand to see the child. If you get nowhere, I would call social services, express your concerns and simply ask their advice.
Good luck
a word of caution about going to the house and demanding to see your child.....
if she decides that you are not welcome and doesn't want you there then she may phone the police suggesting that you are harassing her or scaring her or worse....unless you have an impartial witness then you are simply an open target for any accusation she may use.
I've been in similar situations over the last 2yrs and needing to go to my house to see my child or collect things i'd got stored there...when i used to collect my child from there i was always on edge wondering what she'd try or claim...i've no history of being abusive or anything....but if you heard her talking i'm the biggest ******* on the planet........of course i'm going to be....she's never going to admit the truth that i left her for being a m*ntal b*tch!
on one occassion i informed the police shortly before i'd go just to explain that i was going to the house to collect my child or items of mine...the police logged it but did not attend....i was then contacted by the police later that day with my ex claiming i was being abusive and threatening to kill her....none of her claims were true and having had my phone on voice memo recording the interaction i could at least prove i hadn't to the officer....however i was still warned about going tot he house without an impartial/independent witness just to protect myself in future.
so....yes you have a right to see you child but think first what is the worst that your ex can say that would be her word against yours before you do anything that will risk your fight if it gets to court later on.
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