My husband has a daughter from a previous relationship, she will never let him just go and pick her up and take her to the park or anywhere. She says he's only allowed to see her at her house, which is really uncomfortable because she's sitting there the whole time. Anytime he calls his daughter his ex makes her talk on speaker phone. There is no reason for my husband to not be able to have time with his daughter besides the fact that his ex is just mad that he left her. There is nothing filed with the courts, we're working on that. He just wants to have time with his daughter. What his ex is doing is having a negative affect on this poor girl. She asks all the time when she can come to our house or when she can go somewhere with him. Can he just go pick her up since there's nothing filed?
1 Answer from Attorneys
As a practical matter, you are right. With no court order, he has as much right as she does (unless he has not been adjudicated to be the father yet). The cleanest way would be to go to court, but make notes on every phone call, and save every text, email or voice message. In fact, his communication should be by text or email to keep a record.
However, be aware that an unscrupulous parent could make false accusations against him that he is an abuser. That is why going the court route would be the better way.