Father in need of help to get custody of daughter

[abbwestphal]

OK from a beginning, My wife and I went our seperate ways. Our 6 year old daughter just went to school where she lives in Indiana. But I had her 3 full days out of week 5 days of seeing her up in Michigan where I live. Now that school is out I have my daughter 5 full days out of a week. My wife has sent me text messages saying she was in put in jail this last weekend and my daughter was in Child Protection Services. When I went down there my wife was at the her house with my child and when I talked to my mother-in-law my wife was never put in jail. A call to local and county police stations confirmed this lie. Later that night and still now I am receiving text messages from my wife saying she is dying and one saying she is going to wrap herself around a tree. I need to know if I have a case to get temporary custody of my daughter. That way my daughter does not have to be around this kind of talk anymore. I do not have the money to start a divorce yet. I am trying to do the paperwork on my own that is only way I can afford it right now. I also need to know which state should I file for custody in Indiana or Michigan?

 

[Proserpina]

You would file where the child resides currently; according to what you've said she goes to school in Indiana so that's where you'd have to file given that you haven't had her with you in Michigan long enough for Michigan to have jurisdiction over the matter.

Although lying in and of itself isn't illegal nor does it really comment on the legal fitness of a parent, the nature of the lies is quite troubling.

If I were you I'd file for divorce immediately and request temporary custody until the matter is heard. I honestly recommend you do whatever it takes to get an attorney since you live out of State and the changing custody will involve moving the child out of State too.

This can complicate things a little.

 

[army judge]

How do you know she sent you the text messages? People can spoof text messages. It's done all the time.

The police can eventually prove if the messages were sent by her. That will take some time, assuming they choose to become involved.

Are you divorced?

Or did you just choose to part company?

If you aren't legally separated, and you abandoned the family home (or she abandoned the home), one of you might be operating from a superior position.

Is there a history of domestic violence? Who is the alleged perpetrator? What became of that charge?

Does your wife have a history of drug abuse or mental illness? Do you?




Sent from my iPhone using Tapatalk

 

[abbwestphal]

How do you know she sent you the text messages? People can spoof text messages. It's done all the time.

The police can eventually prove if the messages were sent by her. That will take some time, assuming they choose to become involved.

Are you divorced?

Or did you just choose to part company?

If you aren't legally separated, and you abandoned the family home (or she abandoned the home), one of you might be operating from a superior position.

Is there a history of domestic violence? Who is the alleged perpetrator? What became of that charge?

Does your wife have a history of drug abuse or mental illness? Do you?




Sent from my iPhone using Tapatalk

We both moved from our home and went seperate ways. She moved back to Indiana I stayed in Michigan.

NO legal seperation.

She has a charge for domestic violence aginst me that is why we seperated.

She has drug and alcohol abuse problems, she has been in rehab four times in the last five years.

She is also trying to claim disability for a mental problem she has she can not hold a job.

The text on my phone have it coming from her number and they end with her name.

 

[army judge]

We both moved from our home and went seperate ways. She moved back to Indiana I stayed in Michigan.

NO legal seperation.

She has a charge for domestic violence aginst me that is why we seperated.

She has drug and alcohol abuse problems, she has been in rehab four times in the last five years.

She is also trying to claim disability for a mental problem she has she can not hold a job.

The text on my phone have it coming from her number and they end with her name.

Well, this complicates your already complicated issue.

The child is in Indiana.
That is where you'd have to bring your custody dispute.

She can claim she was forced to abandon your home because of the alleged domestic violence.

You shouldn't try this without a lawyer.

Has the DV case been resolved?

Until you've been acquitted on that case, I don't know how good your chances might be in a custody matter. Those DV charges can be detrimental.

You need a lawyer to help you overcome the DV charge.

Beat that, then address custody. I don't see how any court would allow you to have your kids with that sword of Damocles hanging over your head.

Speak with, or ask the court to appoint a lawyer for you in MI to beat the DV charge. If you have a lawyer, talk to her/him about your case.

Show your lawyer the texts. She's probably trying to set you up by claiming you're still harassing her. You need to stay away from her during this troublesome time for you.
You probably have a MI "no contact order" prohibiting any and all contact. It isn't wise to disobey that, even if the court order doesn't apply in IN.

Follow the advice of your DV lawyer.
You've gotta beat that case.
If you don't, things will get worse for you.


Sent from my iPhone using Tapatalk

 

[abbwestphal]

Well, this complicates your already complicated issue.

The child is in Indiana.
That is where you'd have to bring your custody dispute.

She can claim she was forced to abandon your home because of the alleged domestic violence.

You shouldn't try this without a lawyer.

Has the DV case been resolved?

Until you've been acquitted on that case, I don't know how good your chances might be in a custody matter. Those DV charges can be detrimental.

You need a lawyer to help you overcome the DV charge.

Beat that, then address custody. I don't see how any court would allow you to have your kids with that sword of Damocles hanging over your head.

Speak with, or ask the court to appoint a lawyer for you in MI to beat the DV charge. If you have a lawyer, talk to her/him about your case.

Show your lawyer the texts. She's probably trying to set you up by claiming you're still harassing her. You need to stay away from her during this troublesome time for you.
You probably have a MI "no contact order" prohibiting any and all contact. It isn't wise to disobey that, even if the court order doesn't apply in IN.

Follow the advice of your DV lawyer.
You've gotta beat that case.
If you don't, things will get worse for you.


Sent from my iPhone using Tapatalk

I am sorry the Demestic Violence charge was on her not me she assulted me I told prosecuter that I would not testify at trial. I am about as clean as can be only record I have is a speeding ticket 3 years ago.

 

[Duranie]

If you are not divorced and have no court orders you should have every right to go get the child. your rights are equal to moms.