she is in minnisota and I HAVE NO WAY TO GO TO HER, AWHAT RIGHTS DO I HAVE
2006-07-23 11:23:10 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
she is 12 and has called me every night crying to come home ..
2006-07-23 13:11:50 · update #1
CONTACT A LEGAL AID OFFICE AND FAST!!!!!
2006-07-23 11:26:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Do you have a legal custody agreement? if you don't then posession is 9/10ths of the law and there unfortunately, isn't much you can do about it. however, that works in your favor too, because once you have her in your custody he is in the same boat you are in now and you don't let him have her again until he pays the attorneys to draw up a legal custody agreement. if you don't have a child around then pick up an extra job in the evening for a few weeks til you earn the money to go get her. if you have an agreement he is in violation and the courts will force him to bring her back.
one other thing to consider though is whether or not he's doing it just to make you crazy, if thats the case your best bet may actually be to at least appear calm about the whole thing, say well maybe you are right things are sooooo much easier without a kid to worry about, and wow can i go out and have fun, fun, fun. if his only reason for doing it is making you crazy and you point out all the great things about not having a child to worry about so he thinks you enjoy it he'll have her back on your doorstep tomorrow. i actually had an ex that liked to grab our son and take off with him, once i figured out that he didn't really want to take care of him alone anyway and just wanted to hurt me i quit making a fuss about it and he was home in 4 hours and that put a stop to it for good. as long as i was having fits about it he kept it up.
2006-07-23 12:08:45 · answer #2 · answered by dappersmom 6 · 0⤊ 0⤋
First of all I hope he is her real father because if he is not you are crazy for letting her go with him she could be getting a bused or anything even if he is the real dad these days one could never be too careful girl get off your *** and make it happen go get your little girl raise the money borrow the money hell if you were hungry wouldn't you make a way to eat if you had no food at all well this is extremly more important get creative put on your thinking cap and bring your little girl HOME!
2006-07-23 11:37:16 · answer #3 · answered by crystal_clear_0000 3 · 0⤊ 0⤋
I agree with Elana, if you have physical custody of your daughter per your divorce papers, and your ex has gone passed is visitation time period and refuses to send her back, that is when you call the police. It is considered kidnapping if he refuses to return her to you.
If you were never married and never went to court to determine paternity, child support, custody, etc, you could have some problems, especially if he is on the birth certificate. You need to get some legal help,regardless.
2006-07-23 11:37:59 · answer #4 · answered by Shanan D 4 · 0⤊ 0⤋
What was the settlement of your divorce regarding custody?
If him not returning your daughter is a violation of the custody order,
he is in violation of the law. Call the police and give them a copy
of the custody order.
Your Ex is, technically, kidnapping.
However, not knowing what the custody agreement is, its hard to know
what your rights are.
2006-07-23 11:27:57 · answer #5 · answered by Elana 7 · 0⤊ 0⤋
If it's violating your custody agreement, then call the police, show them the agreement, and have the local police in Minnesota haul his butt to jail. Hopefully, the authorities will find a way to return your daughter to you without you having to go up there to get her. Good luck.
2006-07-23 20:52:26 · answer #6 · answered by sbhb090896 2 · 0⤊ 0⤋
Most local law enforcement can't help you because they do not deal with child custody matters unless it's a kidnapping. You could try to press kidnapping charges against him. I would talk to your District Attorney first, to see if they can help you somehow. You could also take him to court for contempt of court, considering he is defying your divorce decree. It's a very tough one. I worry about that all the time as well, with my own children.
I did have a friend who lived in Wisconsin, her children went to Las Vegas to be with their father for the summer. When he didn't return them, there was no legal help for her in either state. She had to relocate to Las Vegas in order to get her kids back.
I wish you lots of luck with your situation. My heart goes out to you!
2006-07-23 11:37:08 · answer #7 · answered by Mary J 4 · 0⤊ 0⤋
If your divorce decree gives you as primary parent,theres alot you can do. Contact your divorce lawyer and let him know. You can contact the nationaldept of exploited and missing children and/or even the FBI as he took the child across state lines and is holding her against her will and will nor return her to you. You have the law on yourside so use it. Good luck
2006-07-23 11:42:24 · answer #8 · answered by Arthur W 7 · 0⤊ 0⤋
If your papers say the specific length of stay , you cna file kidnapping charges against him, its a federal offense. Call your state police and not local. tell them the stuation. but have paperwork in hand.
2006-07-23 11:41:13 · answer #9 · answered by kerryjonjon 3 · 0⤊ 0⤋
well. you have the right to a pursuit of happiness. so if you're not happy... i think you should contact the police, go to court, something. hope you get her back, soon.
2006-07-23 11:28:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋
u need to call the police and charge him with kidnapping!
2006-07-23 11:35:42 · answer #11 · answered by Anonymous · 0⤊ 0⤋