About two years ago my wife filed for divorce, in which there was a 50/50 split in custody. I told her I wouldn't sign because our marriage wasn't irretreivably broken. Basically her reply was "that's great, I dumped all this money into an attorney and I can't afford to follow through". So it was done and as time went on I told her I wanted my child to go to pre-k, my wife was hesitant and stated "how do I know you won't get me for child support?" I gave her my word I wouldn't So she sent me all the proper forms i.e. birth certificate, our adoption papers, etc. to get her enrolled. I also picked up all my daughters belongings which I expected to be a lot and received 2 trash bags full misc items. I enrolled her in school, made play dates, became very involved in our local church. I got her established with pediatricians, dentists, allergist, and cariologist.
My child has told me of break ins at her moms house, along with a stabbing, and a lot of other things including abuse. I found out through my mother in law that my wife moved but didn't know her address, and my daughter gave me a description of her new place, which sounds like a hotel-that's not the issue, it's not knowing where my daughter is going thats the issue. I told my wife I'm not comfortable letting her go until I know her physical address and she completely refused.
Flash forward to 08//29/13 I receive a letter from the clerk that I was to be in court on 08/28/13. I made some calls and was told that there was no final judgement yet. Flash to 09/11/13 they told me that there was a judgement and I'll have it in the mail soon. On friday the 13th I get a phone call from my daughters principal saying that the mother is here to pick her up, going to 2 wrong schools first. I go down to the school and she has a final judgement of full custody, and were withdrawing her as I was walking in.
The facts:: she has been in my total care, has a life here among other things. My wife new my address but was sent to the wrong one, My wife's old address is on the final judgement along with the summons-therefore as of friday, I have no clue where she is. the reports of abuse, etc are staggering and scary to me as a father. I also have a paper trail providing evidence that she has been in my sole custody and provided for by me and they are willing to step up as character witnesses. One of the abusers is my wife's boyfriend and has a record (btw this is not about my wife or marriage only the safety of my child).
I do not have the money for an attorney but I am assuming I need representation. The final judgement was signed on 09/05/13 and I still haven't received a copy. thank you for reading and helping as I have no clue about the legal system. This was also a pro se hearing.
September 28 she filed for temporary injunction. Went to court for it and won without a lawyer. Some of the dissolution information spilled over into this case. The judge sided with me regarding my daughter being with me because I had no physical address for my wife he said I was well within my rights and any responsible parent would want, need, and demand to know where their child is. The judge also sided with me regarding DCF. He also made the court well aware that it was his belief that the injuction was used to box me out. Two days before going to court for the injunction the judge made a decision in my favor to have the dissolution/custody case reheard! If anyone can help with some advice such as: do judges talk? Does what the judge said in the injunction case have any weight in the custody issue especially if the other party was all over the place in their story line?
The day after court Which was saturday the 19th she calls from a private line stating she is recording the conversation and said she wants to give my daughter back. we met on the 26th and got a paper notorized that is is in my daughters best interest to live with me. I don't think she wants to go the court route due to the money so she can lord it. Now I need to know which form to fill out either the
(a) Supplemental Final Judgment Modifying Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief
or
(b) SOMETHING ELSE
I need to protect my child - I haven't divulged the neglect and abuse. As far as an attorney I am not able to afford one. Should I file an injunction on her and her boyfriend? According to my daughter, the abuse is coming from him and other grown ups and my wife doesn't seem to care. What course of action should I take?
My child has told me of break ins at her moms house, along with a stabbing, and a lot of other things including abuse. I found out through my mother in law that my wife moved but didn't know her address, and my daughter gave me a description of her new place, which sounds like a hotel-that's not the issue, it's not knowing where my daughter is going thats the issue. I told my wife I'm not comfortable letting her go until I know her physical address and she completely refused.
Flash forward to 08//29/13 I receive a letter from the clerk that I was to be in court on 08/28/13. I made some calls and was told that there was no final judgement yet. Flash to 09/11/13 they told me that there was a judgement and I'll have it in the mail soon. On friday the 13th I get a phone call from my daughters principal saying that the mother is here to pick her up, going to 2 wrong schools first. I go down to the school and she has a final judgement of full custody, and were withdrawing her as I was walking in.
The facts:: she has been in my total care, has a life here among other things. My wife new my address but was sent to the wrong one, My wife's old address is on the final judgement along with the summons-therefore as of friday, I have no clue where she is. the reports of abuse, etc are staggering and scary to me as a father. I also have a paper trail providing evidence that she has been in my sole custody and provided for by me and they are willing to step up as character witnesses. One of the abusers is my wife's boyfriend and has a record (btw this is not about my wife or marriage only the safety of my child).
I do not have the money for an attorney but I am assuming I need representation. The final judgement was signed on 09/05/13 and I still haven't received a copy. thank you for reading and helping as I have no clue about the legal system. This was also a pro se hearing.
September 28 she filed for temporary injunction. Went to court for it and won without a lawyer. Some of the dissolution information spilled over into this case. The judge sided with me regarding my daughter being with me because I had no physical address for my wife he said I was well within my rights and any responsible parent would want, need, and demand to know where their child is. The judge also sided with me regarding DCF. He also made the court well aware that it was his belief that the injuction was used to box me out. Two days before going to court for the injunction the judge made a decision in my favor to have the dissolution/custody case reheard! If anyone can help with some advice such as: do judges talk? Does what the judge said in the injunction case have any weight in the custody issue especially if the other party was all over the place in their story line?
The day after court Which was saturday the 19th she calls from a private line stating she is recording the conversation and said she wants to give my daughter back. we met on the 26th and got a paper notorized that is is in my daughters best interest to live with me. I don't think she wants to go the court route due to the money so she can lord it. Now I need to know which form to fill out either the
(a) Supplemental Final Judgment Modifying Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief
or
(b) SOMETHING ELSE
I need to protect my child - I haven't divulged the neglect and abuse. As far as an attorney I am not able to afford one. Should I file an injunction on her and her boyfriend? According to my daughter, the abuse is coming from him and other grown ups and my wife doesn't seem to care. What course of action should I take?
