Can I Visit My Daughter
Summary
Based on the information provided, there is no explicit restriction on visitation in the ex parte order. However, it is advisable to consult with a lawyer before taking any action.Full Conversation
Yes last Thursday on August 3rd around *:* in the morning I was searched the next part a petition from the state of New Hampshire because her mother ended up doing a wellness check on me couldn't get a hold of me which she can she could have and decided to partake in serving me with her getting sole custody until August 21st of this month I was never detained I was never arrested I didn't put my daughter into any physical harm danger or anything that will do anything wrong I was at a girlfriend's house which I no longer have because of this and I spoken to my family the same day that they contacted my ex but she pursued to go immediately to the state to file the motion they granted her sole custody until the 21st my question is is that can I go and see my daughter that is at my house with my parents right now because on in the paperwork there's nothing stated of any type of stipulations or rules until we go to court
Does the temporary custody order specifically prohibit you from visiting your daughter?
Sorry served an ex parte
What does the ex parte order specifically state about your visitation rights?
My ex the mother on number seven check the one of the following she checked off the first box that says I have not participated in any court case or cases concerning the custody visitation parenting time or placement of the child or children and this or any other state
What is the exact wording of the ex parte order regarding your visitation rights?
The order explains a motion for ex parte and emergency orders have been submitted the court has reviewed the motion number one the court issues the following orders which is checked off which would remain in effect until further hearing a the petitioner checked off shall have temporary sole decision making and residential responsibility for the minor or children or child and then it goes down the page BCD e f nothing checked off g checked off under other law enforcement can assist with the exchange of child to to parent then it goes G2 G3 nothing is checked off and it just says a hearing on the ex parte motion and any orders issued is scheduled for *:*/* at *:* a.m.
Does the order specifically state that you are not allowed to visit your child?
No
What is the location of the court where the hearing is scheduled?
6th circuit family division Concord New Hampshire
What is the name of your ex-partner who filed the motion?
General Information:
- The 6th Circuit - Family Division - Concord is located at * Clinton Street, Concord, NH *. Phone: *-*-*-*.
General Information:
- The 6th Circuit - Family Division - Concord is located at * Clinton Street, Concord, NH *. Phone: *-*-*-*.
Amber Rouille
What is the age of your child?
7yrs
What is the nature of your relationship with your ex-partner currently?
Civil no communication
What is the reason given by your ex-partner for seeking sole custody?
Ex parte emergency motion article b or section b describe the reasons that you feel are important supporting the request for an expartay order and describe the immediate and irreputable injury loss or damaged that will happen to you your child or children or the property if the ex parte orders are not granted before the other party has an opportunity to be hard in this matter less each separately. What she wrote as a statement saying **** which is myself has currently disappeared with with the child with no knowledge or communication and where he is he has no permanent residence nor means to care for the child has a history of drug use and criminal. She states that my daughter has suffered mental health issues and results of this she states that he is unstable and unsafe to care for my child which is absolutely false
Do you have any evidence to counter the claims made by your ex-partner in the ex parte order?
Yes I do I have a proof of residency proof of a job beautiful home and anything else that would be most beneficial for my daughter
What is the nature of your job and how long have you been employed there?
I'm a factory laborer also a metal fabricator and a stainless steel department assisting the manager there I work full-time Monday through Friday *:* to *:* and I have been there for * and */* to 3 years almost 3 years be next year it will be 3 years sorry
What is the name of the company where you work and its location?
Z-flex Incorporated us Inc * commerce Park Bedford New Hampshire *
What is your plan for child care while you are at work?
My parents which is my daughter's grandparents obviously watch over her while I go to work and then I take over when I come home from work and on the weekends which I've had my daughter most I watch over my child and no issues have become
What evidence do you have to counter the claims of drug use and criminal history made by your ex-partner?
I have evidence stating of my completion from the farnum center which is a rehab facility that is in Manchester New Hampshire that I completed I have letters of recommendation from the counselors there sitting on how well of a job I did while I was there and then I also have my family to back me up they've also done your analysis test after the fact that I ended up getting myself clean just to reassure them that I was clean and came up negative on all tests so I did my part and been doing my part the criminal history I ended up going to jail from * to * for 6 years and I've been off of parole since *
What is the nature of your relationship with your parents and their willingness to support you in this case?
Me and my family are very close and I still live with them right now due to the influx and our economy and making it very difficult to try to get an apartment on your own
What is your parents' willingness to testify in court about your current lifestyle and their involvement in your child's life?
I'm just assuming and speaking for them as of right now but I know my family very well and they would definitely speak in my behalf if were to go to court and let the courts know about my willingness and involvement in my child's life
What is the contact information of your parents? They might be needed as witnesses to testify about your lifestyle and involvement in your child's life.
My parents phone number is *-*-* they're unaware that I'm speaking to an attorney right now I was just contacting you guys to give me an understanding of what my rights are if I can go to my house right now which I've been waiting for the past couple of hours and trying to make sure that I do all the rightful things to go and see my kid that I haven't seen in about a week that was literally just ripped away from me for nothing
What does the ex parte order specifically state about your visitation rights?
She filled nothing out in the sections on the ex parte about visitation and any stipulations
What is your plan to address the allegations of instability and unsafety raised by your ex-partner in the ex parte order?
Be able to do it in the rifle manner without pointing fingers to be professional and to also get my point across that I am at no harm or whatever do any harm to our daughter and she knows that
What evidence do you have to demonstrate your stability and safety for your child?
I'm pretty unsure about that type of question what do you mean by evidence
By evidence, I mean any documents, testimonies, or records that can prove your stability and safety for your child. For example, employment records, character references, or medical records.
Oh I understand now thank you for clarification I have a lot of people especially colleagues boss family members know that can all speak in my behalf
What is the contact information of your colleagues, boss, and family members who can testify about your character and stability?
As of right now until further notice on that I would not to actually give up their information based on you know confidentiality
What is the nature of your relationship with your daughter?
Amazing she looks up to me she loves me every single time when she has to go back to Mom she never says that she wants to go back to Mom that she wants to stay with me we do everything together when she's with me I bring her to like Dave and busters I gift her with a gift every once in awhile when she does well in school we play video games together we swim together ride bikes together you name it I mean not even put together one day a hiking trip that was she only did halfway and I had a carrier of the halfway back pretty much three quarters of the way back funny story but she's amazing she's a lot of fun and she looks up to me like I said
What evidence do you have to demonstrate your active involvement and positive relationship with your daughter?
Just pictures and my daughter's words that's it
What is your plan for legal representation at the hearing on August 21st?
I'm unsure at this moment but by the state of New Hampshire for both parties we have to go to a child IMPACT program
What is the Child Impact Program you mentioned and have you already registered for it?
Going to be doing a very soon just received the expiration last week
What is the Child Impact Program and how does it relate to your case?
I'm sorry I don't have the time to keep answering all these other particular questions I would like to see if I can go and see my daughter so that being said with everything that I said before and all the information that I've given in my okay and nothing's going to happen it's not going to make anything worse if I were to go and see my daughter right now
Based on the information provided, it seems there's no explicit restriction on visitation in the ex parte order. However, it's advisable to consult with a lawyer before taking any action.