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can my ex really keep me away from my daughter?

I was in a same sex relationship for 9 years. while in that relationship i had a daughter. we did a step-parent adoption. a same sex adoption where i kept my rights and she got rights. well the biological father signed over his rights mainly because she harrassed him until he did. then we seperated and i got pregnant again by the same guy then my ex-girlfriend and i got back together. well we split up for good this time. She was very controlling and emotionally abusive to me. I'm now with the guy who i got pregnant by well my ex has my daughter and she won't let me have her for my time because i'm with the biological father. now she's even threatening me to make it where i can't call and talk to my daughter. we haven't been to court yet. but i'm going to see an attorney in a week . what should i do.

Answer Question

Asked by Anonymous at 8:51 PM on Jan. 20, 2009 in General Parenting

Answers (15)
  • i think in a same sex relationship, the "real" (biological) parent would have slightly more rights than the partner (not really sure). it's kinda like your mom and she's "dad" and courts usuall favor mom over dad
    i dont think she can keep you from seeing your daughter unless your an unfit mother, or bf is an unfit dad around kids, even if bf isn't allowed to see her, you should still be able to have visitation without him around, but it sounds like neither of you are unfit, so i don't think she can do much

    Answer by bi-polarmommy at 8:56 PM on Jan. 20, 2009

  • go to court n fight!!!
    good luck

    Answer by mommymeg03 at 8:59 PM on Jan. 20, 2009

  • I would get a good lawyer and let them know everything that has been going on, take it to court for sure. Considering you are her biological mom and he is her dad, you should have no issues getting her back.

    Answer by butterflylady27 at 9:11 PM on Jan. 20, 2009

  • Take it to court, but she can't keep you from your child, esp if it is your bio child. Good luck.

    Answer by coala at 9:38 PM on Jan. 20, 2009

  • I agree she can't keep you from your child, unless there are bad circumstances. Don't allow her to keep your child from you. It sets a pattern of you not seeing her. Why didn't you take your child with you when you left??? Also the judges look badly on parents that interfere with the other parents rights. Good Luck!

    Answer by Caoimhe_Oona at 9:44 PM on Jan. 20, 2009

  • I agree with the first response. You need to get a lawyer hun and gl!

    Answer by Anonymous at 7:47 AM on Jan. 21, 2009

  • When my husband adopted my son our attorney told us that if my husband decided to leave he could take my son and keep him from me until we went to court just like bio parents that were married can. Was the father's name removed from the BC and her name put in his place or was more of co-parenting situation. If it co-parenting then you have more rights, if its a real step parent adoption then you both have equal rights and the judge will not even allow you to mention you are the child's bio parent.

    Answer by matthewscandi at 7:47 AM on Jan. 21, 2009

  • Why did you leave the house with out her?

    Answer by Anonymous at 7:53 AM on Jan. 21, 2009

  • In NY I was told that until there is a court order in place both parents have equal rights, which is a catch 22 because the parent who physically has the child can keep that child from the other parent, however, if she brings your DD to daycare or a sitter they have to let you pick her up and then you don't have to give her back to your ex.

    Answer by Anonymous at 8:15 AM on Jan. 21, 2009

  • 8:15 AM on Jan. 21, 2009 by: Anonymous: That is how it is in GA, too.


    Answer by matthewscandi at 8:32 AM on Jan. 21, 2009

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