Heres my story in a nutshell. My stbx left our home over a year ago, taking our child with her. She had met a man online and they decided they were soulmates, so our marriage wasn't important. Anyway, at the time, I was unaware of my rights, to which I am aware of them now. She has maliciously denied me any type of visitation with our child, and lately has been not letting me speak to her on the phone. I have documented everything, from the time she has left to now, plus how things were while we were married. I have just found out that she is pregnant by this man she is living with, with my daughter. I do not know this man very well, but I am leary of him. There is something just not totally together with him. i want to petition the court for temporary custody, but I am not sure how to go about it. My daughter wants to see me, to be with me, but her mother is denying it. What do I do?
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I want my child
- Thread Starter Melissa68
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This isn't an easy situation. Did she move out of state? She does not have a right to deny you visitation, nor did she have the right to simply take your daughter out of your house and run off with her. You want to speak to an attorney who specializes in domestic relations to handle the matter. You should probably decide what you want, such as whether that includes full custody of your daughter.
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What do I bring to the courthouse to file for temporary custody? Do I bring my journal that I have kept faithfully since she left and everything that has happened since that point? If I know that my daughter being with me is in the best interests of the court what do I need to prove that? I am more than willing to work out a plan to have equal rights and visitation with my stbx but she isn't with me, and that is clearly proven in the last year and a half. Will that help me?
What do I bring to the courthouse to file for temporary custody? Do I bring my journal that I have kept faithfully since she left and everything that has happened since that point? If I know that my daughter being with me is in the best interests of the court what do I need to prove that? I am more than willing to work out a plan to have equal rights and visitation with my stbx but she isn't with me, and that is clearly proven in the last year and a half. Will that help me?
What you are talking about is one step further. There are many facts that have not yet to be determined which could completely alter the way in which the court views the situation. One of the important questions is whether your child was taken without consent and also if the child was taken out of state. One act that might apply is the Uniform Child Custody and Jurisdiction Enforcement Act. Per the act, it can provide for a "remedial process to enforce interstate child custody and visitation determinations. In doing so, it brings a uniform procedure to the law of interstate enforcement that is currently producing inconsistent results. In many respects, this Act accomplishes for custody and visitation determinations the same uniformity that has occurred in interstate child support with the promulgation of the Uniform Interstate Family Support Act (UIFSA)." So you can accomplish something locally that would have nationwide implications.
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Yes, she was taken without consent. But she was not taken out of state.
I want my child so very badly, but I just don't know where to go or what to do. This has gone on to long with my stbx, and I believe that the courts interveneing and granting me temporary custody is in the best interest of this child. What am I suppose to do if she takes off and leaves the state with my child, like she has threatened to do so many times? I feel my only option is to file for temporary custody............unless somebody has any other ideas.
Thanks for all the help
Yes, she was taken without consent. But she was not taken out of state.
I want my child so very badly, but I just don't know where to go or what to do. This has gone on to long with my stbx, and I believe that the courts interveneing and granting me temporary custody is in the best interest of this child. What am I suppose to do if she takes off and leaves the state with my child, like she has threatened to do so many times? I feel my only option is to file for temporary custody............unless somebody has any other ideas.
Thanks for all the help
Frequently I have heard of parents reporting the other parent to the police as their child has disappeared without notice. You should read about the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The Act provides for safeguards so as to avoid parental kidnaping. It also facilitates the recognition and enforcement of your home state as having continuous jurisdiction over this matter. It assists with prosecution of the kidnapping parent when the parent is caught in a foreign state.
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