Legal Question in Family Law in Montana
I�m currently in Iraq. About 2 months ago I contacted my 9 year old daughter�s mom and asked if I could have a picture of my daughter. I have never seen her. After I asked the mom and I chatted on line for about 2 weeks. Than I went home for R&R. in one of our chat cessions she asked me if I wanted to meet my daughter. I told her yes so we set up a time and day that I could and I and the mom met and I did see my daughter. We agreed that I could write letters to my daughter as a pin pall from IRAQ. As a soldier. This way I could get to know her. We talked all the way up until I returned to IRAQ. That was on the 29th of June. I recently received an e mail from the grandmother telling me to discontinue contact with the mom and not to write letters. I pay support. The judge denied visitation. He said it was in the best interest of the child. At that time she was 4. What can I do to get around the Grandmother? I believe that she has been keeping me from my daughter for 9 YEARS.
1 Answer from Attorneys
The custodial parent makes this type of decision. If Mother has custody of Daughter, Grandmother has no authority in parent-child matters. I
Grandmother might resent that you have not been an active parent up to now. She might be jealous that some of Daughter's attention is now directed to you. That's understandable. However, your daughter seems willing to communicate with you, and you and she have been 'pen pals' since your introduction. The bottom line: It's not about Grandmother's hurt feelings. It's about a Father-Daughter relationship. Daughter has a right to it.
You have Mother's e-mail. Send a note and ask how Daughter is doing with your pen pal arrangement? If Mother says Daughter has no problem with it, looks forward to your notes, you could say, "Your mother demanded that I stop all contact with with you and Daughter. I thought maybe you couldn't tell me, so she did it for you. I just wanted to be sure."
Do Mother and G'mother share a computer? G'mother could intercept e-mails if they share. Mother and Child might have to get a separate account and password protect it from interference.
And thanks for building a relationship with your daughter.