Ex had me arrested for missing one visit, he got interim custody please help

[robnjen]

Jurisdiction

Delaware

my ex had me arrested for criminal contempt for missing one visit, we were moving and he knew we were switching weekends, he came anyway and told police I didn't show up. contempt charges were later dismissed but while I was in jail he filed emergency ex parte to take custody of my daughter he lied and said I was arrested for attempting to abscond the state which is untrue and they also held a modification hearing at which time they granted him interim custody even though the commissioner knew I was never served. Hearing was supposed to be rescheduled after I came home and went to court and was served but when I filed my answer to his allegations and submitting evidence of his prior domestic violence convictions along with his drug charges and dui convictions, I called everyday to see when the hearing would be and they never rescheduled it ... my daughter is not safe with this man and the court has denied me my right to be heard . how can I get my daughter home .. she is 9 and has never been away from me and he is not concerned with the emotional stress this is causing her , he removed her from school, moved her away from her family and friends and took her to a different state . what can I file to have this order overturned or get a hearing as quickly as possible

 

[KatDini]

One does not get arrested for missing one visitation, nor does that rise to criminal contempt (which only a judge can determine, not the police nor your ex). I suggest you contact an attorney to whom you can tell the entire truth and go from there.

 

[ElleMD]

None of your story holds up to even the most basic scrutiny. As such, I second the advice above.

 

[robnjen]

One does not get arrested for missing one visitation, nor does that rise to criminal contempt (which only a judge can determine, not the police nor your ex). I suggest you contact an attorney to whom you can tell the entire truth and go from there.

I really don't know why the officer even got envolved but yes I was arrested !! the charges were dismissed when I went to court because as you said missing one visit is not contempt. My concern is that he took emergency custody of my daughter, he lied and said I was arrested for trying to abscond which is not true the charge was contempt by disobedience... even with her father's history of violence and being arrested and charged several times for assault ( domestic violence) the court granted him interim custody based on the lies he told about me with no evidence to support his claims,I have never been arrested before and have always provided a safe, stable environment for my daughter she is 9 years old and has never been away from me. Her father took her out of school and away from all her friends and moved her 2 hours away to another state, She keeps telling me she wants to come home and I don't know what to do to get her back now , I tried to file an emergency ex parte because of his criminal background but it was denied ... I was not served prior to the hearing and I was not able to present my side of the story the hearing was supposed to be rescheduled as per the commissioner's findings after I was served but it was not and no one seems to be able to explain why... I need to know if I can motion to dismiss his petition for custody modification because they denied me my constitutional right to be heard? I wish I could get a lawyer but I just can't afford it, I have contacted the legal aid of Delaware and I am waiting for a call back

 

[army judge]

The ONLY way anyone will even take note of your story is if you hire a good lawyer.

I suppose over time you can educate yourself and try to represent yourself. That process,however, will take a rather long time.