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Zoey, JD
Zoey, JD, Criminal Defense Lawyer
Category: US Law
Satisfied Customers: 27722
Experience:  Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
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My ex wife and I got married in Mississippi, USA but it didnt

Resolved Question:

My ex wife and I got married in Mississippi, USA but it didn't work out and she took my daughter to live back in MS, USA four years ago, I gave her sole custody. Since then she has only allowed me limited contact or contact when she knows it's going to be too difficult to speak e.g. 2am on a week night. She's attacked me verbally as a person and a parent and often won't reply to any request s for contact for weeks, months. Is there anything I can do to get regular contact?
Submitted: 3 years ago.
Category: US Law
Expert:  Zoey, JD replied 3 years ago.
Hello,

My name is XXXXX XXXXX I am a US lawyer.

If you and your wife cannot amiably work out visitation rights to your child, then what you would have to do is to go back to court and petition the judge for a modification to your custody agreement that would specify a schedule which would serve your purposes and with which your ex would have to abide.
Customer: replied 3 years ago.

Hi


Thanks for the reply. I did pay extra for a detailed response so was expecting more than a few lines. Perhaps instead you could answer a few further questions?


Do I need to petition in person or can I do this through a solicitor?


Do I need to tell my ex I'm doing this?


Will she have to agree/can she appeal?


Do I need to petition the same judge as I don't have a copy of the order.


Thanks

Expert:  Zoey, JD replied 3 years ago.
Your lawyer would be able to file the petition on your behalf. You don't have to call your ex and discuss it, but yes, your ex would have to be served upon the custodial parent.

It would be great if she agrees, but as she's been resistant so far, it's more likely that she will oppose the petition. In that case, there would be a hearing. Then both parties would have to come before a judge and the judge will decide what's in the best interest of the child and set up a visitation schedule accordingly.

You'd petition the same court. As you're using a lawyer, he'll be able to find the right judge. You could do it too by calling the court that granted your divorce and asking the clerk who could look it up and tell you.
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