I'm in the middle of court with my Baby's father, We have a ONE year old daughter, But since we split awhile back, i recently married, before court even started.. My husband is A navy man Who is stationed in San Diego, CA.. But right now is on deployment until jan 31st, 2010. I right now live in illinois with my mother in law until he gets back from deployment. Which is a 5-5 1/2 hour round trip drive away from where my baby's father lives. Well, as soon as i got married my Baby's father (i'll start using abbreviations for him; BD) Went and filed for Joint custody because i got a restraining order on him and it was granted, for 30 days because i went to retrieve my daughters clothes and stuff that he had kept of ours for a month and refused to return, i called in advance and as soon as i got there, He started putting my stuff on the ground and while i was picking it up, He grabbed our daughter out of the car and took her inside, i had no clue he did this until i Went to put the things in the car (i had my friend with) and asked where she was she Stated BD took him inside.. he came back out bringing more of our stuff out (he left to south carolina for 3 weeks without letting me know or making sure that our daughter had Clothes or diapers) i asked him, PlEASSE bring makaya out, as soon as i'm done loading up i want to head out. He stated no, shes my daughter too. We went back and forth and then his mom came out and they were both in my face BD has a history of violence towards me, so i was scared his mom was in my face and BD wanted to hit me but hit his mailbox instead.. It wasn't until i got scared and called the police after asking numerous times of them bringing out our daughter, when they saw i was on the phone w/ police they brought out my daughter. i heard them telling her "i cant wait to bring you to South carolina w/ us, Get you away from that B***H, etc.. well thats why i got the restraining order, than we went to court for the plenary hearing and i got served with the joint custody papers and the judge waived it and Ordered us mediation.. Which i called everyday to see if BD agreed on a date, then i attempted to let him see our daughter while i was in town, and tried to talk to him to agree on something for mediation cuz the judge said he'd get visitation... well, it was aug 2nd and he asked if he could come over ( i thought to see our daughter) i told him no at first because i was uneasy at the fact, then after him asking a couple of times i told him to be there at nine he showed up 2 hrs later ( i have proof) the whole time he was talking about us, showed no interest in our daughter.. then he proceeded to ask about my husband and i and if we were intimate i told him, thats none of his business and in front of our daughter he called me a Sl*t and told me to get out of his face so i walked away with our daughter and he kept asking me "where are u going?" i didnt answer went inside and went to sleep. (this is all while i was staying in town at my mothers, because of court) i woke up to a text of him saying how he missed what we had and it had pictures of us and His voice crying. all this time i told him i was happily married and he wouldn't catch on..i also had 2 missed calls. the next day i contacted BD and asked him do you want to see ur daughter while were in town because we're leaving (this was aug 3) the fifth, he told me he had to work... Later that day we were texting and i asked aren't you suppose to be at work, he said "oh no, i dont work today" he then asked if he could have makaya over night i said, if i do what time will u have her back, he told me not to worry about it... a red flag went up and i told him, no.. i need to know he wouldn't tell me so i told him, no. Ever since then he has not tried to see her (and that was the first time in a month he tried) he has not checked on heer to make sure shes okay.. He also does not pay child support, everytime i ask for diapers he states "your new man can buy it" ... so Aug 19th, i came back to town (where he lives, cause that's where court is) And i've been staying at my mom's until court is over because i can't afford to come back and forth, i also don't have a car until the end of sept. Aug 19th we had a court date and he didn't show up. The judge didn't Do anything about it, Aug 20, we had court for substitution of judge because he Didn't like that the judge was the one who married my husband and me. (though he does million of those) his lawyer talked fast And it was done in five seconds ( i do not have a lawyer ) so we got appointed a new judge because his motion for substitution of judge as a matter of right. Our new judge is collins. The whole time in the court room he was laughing at me because i don't have a lawyer as soon as he got his New judge and i walked out of the court room his parents and him were staring at me and chuckling..
(so thats the background of our case, here are my questions)
(1) My petition to leave state, What are the odds they will deny it.. considering my husband makes enough that if i can move out there i won't have to work outside of the home and i'll be able to spend time with her, since she's still young. Also, considering We'll have a stable home, her own bedroom, we'll be financially taken care of, and that's my husband.
Plus BD doesn't pay Child support, hasnt tried to see her, hasn't contacted me about her .. anything.
(2) what's the odds Of him getting joint PHYSICAL custody of our daughter considering i live 5 1/2 HRS round trip away.
(3) he 21st we were appointed a new judge but we still had court the 27th which was for my petition for removal of child out of state. well, I keep calling everyday at the court house checking to see if they changed the Judge over for this case also, but i'm hearing that they probably won't because This is a seperate hearing From the Custody case were in but it's still Between My baby's father and i, the judge got substituted by my Babys father, not by me. But this court date is with the judge he had substituted for another.. My question is, Are they going to switch judges over to hear my case? or will the old judge hear this? if so, Can My baby's father say it's unfair, and Ask for it to be heard again. this is very confusing to me..
Thank you! (sorry so long!) :dunno:
(so thats the background of our case, here are my questions)
(1) My petition to leave state, What are the odds they will deny it.. considering my husband makes enough that if i can move out there i won't have to work outside of the home and i'll be able to spend time with her, since she's still young. Also, considering We'll have a stable home, her own bedroom, we'll be financially taken care of, and that's my husband.
Plus BD doesn't pay Child support, hasnt tried to see her, hasn't contacted me about her .. anything.
(2) what's the odds Of him getting joint PHYSICAL custody of our daughter considering i live 5 1/2 HRS round trip away.
(3) he 21st we were appointed a new judge but we still had court the 27th which was for my petition for removal of child out of state. well, I keep calling everyday at the court house checking to see if they changed the Judge over for this case also, but i'm hearing that they probably won't because This is a seperate hearing From the Custody case were in but it's still Between My baby's father and i, the judge got substituted by my Babys father, not by me. But this court date is with the judge he had substituted for another.. My question is, Are they going to switch judges over to hear my case? or will the old judge hear this? if so, Can My baby's father say it's unfair, and Ask for it to be heard again. this is very confusing to me..
Thank you! (sorry so long!) :dunno:
