can i file kidnapping charges or some emergency papers to see my daughter?

[tama2z]

this is a bit long and complex; i'll make it as short and sweet as possible.

my daughter was born in december of 2003. her father never signed her birth certificate. we had only been together a short while when i got pregnant and the entire pregnancy he denied the possibility of paternity, accused me of cheating, etc. when my daughter was born, it was way more than obvious who the father was.....he'd never be able to deny that it is his child. nonetheless, he didn't sign her birth certificate. unfortunately for my little girl, we separated in october of 2005. we never went to court to get a formal custody agreement and were pretty civil to each other and tried to split time evenly. things got strained for me around christmas of that year; i lost my job, etc. he was living with his mother at the time so i did let him keep her a little more than the 50% or so we'd been doing before. then i was 'attacked' (for lack of a better term) which resulted in a pregnancy. for the first few months, i was ashamed and started to panic. i fell into a major depression. around march, i stepped back from seeing my daughter because i didn't know how to explain the situation and didn't really want to deal with my ex on the matter. i tried calling but always was sent to voicemail. i had the baby and gave him up for adoption because i didn't feel that emotionally i would be able to raise him properly. well, sometime between march and june (when my son was born) my ex took my daughter and moved out of state. he never answered phone calls, emails, etc. my parents have been able to stay in contact with her by phone, but my ex has told them that if they give me any information on her whereabouts, he will quickly cut all ties to them. seeing as they are my only link to her, they're a little stuck as to what to do. he usually avoids their calls and sends back their presents, but every once in a while, he'll let her on the phone with them. anyway, i recently found out he's back in town. (well, because, he's on medicaid and the state filed paperwork for me to cover her with my insurance) i am now incredibly stable, have a fantastic job where i am able to work from home, have been living in a beautiful townhouse for over a year, and am engaged to an amazing man who also has a stable, well-paying job. we have everything in place to make a wonderful home for my little girl. i just don't know how to proceed. i added her to my insurance policy immediately upon getting the notice from the state. now i understand he's trying to sue for child support money. i just wonder, with him not being on her birth certificate, can't i file paperwork to have my daughter returned to me while we go to court to establish paternity and go through a custody hearing? i don't want to take her completely from her father - i couldn't do that because i know how it feels. i just want my baby girl back. what should i do?

 

[Duranie]

If paternity was never established, then you can call the police. It sounds like kidnapping to me. You also should call around to legal aid, or an attorney to see if anyone can help you in case the police do not get involved. He should not have removed the child out of state and if paternity was never established, he technically has no rights to the child. Start making some phone calls.

 

[Scooterdog]

I'll have to disagree with Duranie on this one. This case above is damn near identiical to mine. The witch even tried to get me for kidnapping. All failed.

when my daughter was born, it was way more than obvious who the father was.....he'd never be able to deny that it is his child. nonetheless,

Ya, my sons mother's lawyer played the old "he might not be the father", I was never tested, as there was no denial by the mother, only the lawyer. A test would only bolster his case by the sounds of it.

so i did let him keep her a little more than the 50% or so we'd been doing before.

Uh-hu. You agreed to this. It will come down to your word against his. Further more, the state is involved by the sounds of it, and no issue of who the dad was seems to have been brought up. That will complicate things on your part.

around march, i stepped back from seeing my daughter because

There could be an abandonement issues here. I believe it's six months in montana, then rights can be terminated.

You have a mess. There are juridictional issues, fact issues, state issues, etc....

You better go find a lawyer and see what it's going to cost you. You best hope the father doesn't put up a fight, or it's going to get really exspensive on your part.

As much time that has passed, jurisdiction will be where the child is now. Even the weakest of agruments could get that win. The UCCJA will apply, and there just hasn't been that denial and proof of such claim that the guy with the child is not father.