I need help, I live in PA my daughter has been living with me for the last 3 years. Her mother at one time just saw her when she felt like it. We then made an arrangement that she would see her on the weekends and that was working fine, but this summer we reversed the arrangement so she could spend more time with her, and out of nowhere she refuses to let me see her, this new arrangement has only been going on for a month and now she wont let me see her at all. What do i do to get my daughter back, I don't want the mother to not see her I just want to see my daughter. My little girl is 9 and she said she wants to come home to me but the mother won't let her, please someone help.
2006-07-31 04:14:30 · 8 answers · asked by Matt S 1 in Family & Relationships ➔ Family
Sounds like you need to speak to a lawyer. The best and least expensive way to do that is this:
Good luck!
2006-07-31 06:29:59 · answer #1 · answered by Anonymous · 1⤊ 1⤋
What custody orders are in place? IF you have court papers that say she is to live with you, then you can show up at Mom's with the police and take her. The papers have to be pretty specific though. However, if they say "primary residence with father, mother to visit..x days and y days, etc." then it should be pretty simple to go and get her provided you don't go on one of the days specified for mom.
If you don't have them, you will probably have to go to court. You probably can get an emergency order demanding immediate return pending a new hearing to address visitation for mom, and the filing of a permanent custody/visitation agreement. What your lawyer needs to do is say the child has always lived with you and mom's visitation rare until recently. That you let her go for the summer because you want them to have a relationship, but that you did not forfeit primary custody.
That's the truth and it should result in an immediate return.
I would still call the police today and see if they'll do anything. Explain she refuses to return your daughter after visitation. They may do something without the papers (but probably not).
You could also call her mom and say you're willing to be more generous with visitation, but that you've talked to a lawyer and that her refusal to return her now will be viewed badly by the courts, and that if you have to go to court, she'll not only not get custody, but will probably be limited to a few hours a week supervised (at her expense) because she has proven herself not trustworthy enough to work with you (this is a true statement).
In other words, if she wants more time with your daughter, she needs to return her now and work out a new arrangement with you (with or without the courts..but given this incident, I strongly recommend any agreement you make be filed with the courts so it is enforceable). Otherwise she's going to lose her and end up with little time and none of it alone.
Try to work with mom first, then escalate as needed.
2006-07-31 11:34:54 · answer #2 · answered by Lori A 6 · 0⤊ 0⤋
I'm not sure how things work in the U.S.A. but, in Canada, if you haven't went to court and neither of you have legal custody, the mother cannot be punished for taking her child. But if you get a lawyer and take her to court, I think the judge would take into account that she was living with you for the past 3 years. Also, they usually let what the child wants have an effect on their decision. Good Luck.
2006-07-31 11:25:52 · answer #3 · answered by poutypitbull 3 · 0⤊ 0⤋
Let me understand. You should have a court order for visitation and you turn to an internet site for advice instead of the court or an attorney. Ok that makes a ton of sense.
Call your lawyer. If you have custody of the child and she has visitation, then call the police. Instead of wasting your time on a web site be proactive.
2006-07-31 11:19:32 · answer #4 · answered by thunder2sys 7 · 0⤊ 0⤋
no it is not but it will be difficult now that she has her. you need to get an attorney and shul have a visiting plan made up dont be discouraged my best friend kept at it and didnt give up and now he has full custody. it also depends on where you live unforunately some states are momie states and always favor the mom so if it is unfit where she is now get cps involved we all want her to be safe byt yes get an attourney if you dont already have one I wish you much luck
2006-07-31 11:23:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
okay frist of all u have to tell her mother she not the only parent thenu call the cops to set up a court day with ur baby mom there u tell the jujge ur story he well let u have custdy of her and she get the weekend or how ever u want it to be
2006-07-31 11:45:50 · answer #6 · answered by tata 1 · 0⤊ 0⤋
Get a Lawyer Quick.
2006-07-31 11:18:29 · answer #7 · answered by redchili68 4 · 0⤊ 0⤋
If you have custody, you can take her back to court for contempt charges. The best thing to do is talk to your attorney and see what legel steps you can take.
Good luck with your case
2006-07-31 11:19:51 · answer #8 · answered by Auntiem115 6 · 0⤊ 0⤋