I want my daughter back

[brettandtaylor]

My ex husband got custody of my daughter almost 4 years ago. The custody hearing happened in Columbus GA. Since then my fiance and I have moved to Savanah and my ex moves to missourri. He got custody of her because he was remarried. now the problem is he is in the army and is no longer married so my daughter spends all of her time at a sitter. I have a son who misses his sister and we want her back. The problem is that he lives in Ft Leonardwood MO and the courts will not do anything down here. I have to file for custody of her in missourri and I can't afford it, the traveling(15hours one way) and the time off work. How can I go and find out any info on how I can get her back on a small salary like mine. I would do anything for her. Also how old does a child in missourri have to be before they can choose who they want to live with. My other concern is that he has to reinlist in march of 08 and I don't know where they are going to send him. Is there a way to stop him from moving any farther away.
hurting mom

 

[Michael Wechsler]

The problem is that he lives in Ft Leonardwood MO and the courts will not do anything down here. I have to file for custody of her in missourri and I can't afford it, the traveling(15hours one way) and the time off work. How can I go and find out any info on how I can get her back on a small salary like mine. I would do anything for her. Also how old does a child in missourri have to be before they can choose who they want to live with. My other concern is that he has to reinlist in march of 08 and I don't know where they are going to send him. Is there a way to stop him from moving any farther away.

I'm sorry to hear about your problem. There is a great deal about your case we don't know about, including all the reasons why he was granted custody. I'll take your word for things but in my experience (limited with family law) it's almost a lock that the mother will get custody, at least to some significant extent. His getting custody simply because he was remarried doesn't seem to tell me the whole story, not to say that parts of it weren't a reason, e.g. greater income, stay at home wife, etc.

You may want to get all your evidence and ducks in a row before proceeding. I can appreciate your problem with the courts but you may not have any other choice but to begin a proceeding down there since that is the state where she resides and which there is an existing child custody order. I sympathize with you and wish I could give you a better answer but someone else may be better equipped and this is the best I can provide to you at the moment and wish you the best of luck.

 

[Duranie]

Parents do not get custody just because they are remarried. Was he given permission to move out of state? did you dispute it? If the order was done out of Mo then they have jurisdiction. You might want to call around to attorneys there and se if anyone is willing to help you. you cannot get jurisdiction moved if Dad still lives there. You are going to have to have a valid reason to get custody and not just because you want it. If Dad is going to re-enlist in the military that might be a valid reason.