I have had physical custody of my daughter for the past five years. Recently I had an accident I was unable to pay my rent in San Diego. I went to visit a friend in the high desert she had an available rental and I landed a job within the week. I had informed my ex of the news.. He called back informing me he was calling the police and informing them I had kidnapped my daughter and taken her out of the county w/o permission, Not true He left me another message on my cell informing me of an emergency court date he filed for although I believed he was bluffing my friend suggested I go I did and no case was on docket. While I was in the Legal aid office asking questions case was called and Judge ruled in favor of everything he asked for. am devasted, my daughter is misreble and he is gloating. Is it true that at this next court date she will be able to return to my home if she requests it?
She wants to live with me. She's so unhappy. How much will this count to a Judge? I miss her
2006-09-14 19:39:09 · 14 answers · asked by Lizart56 1 in Family & Relationships ➔ Family
I don't know about your state, but here they will listen to someone that age. If he can prove you are unfit, or a danger to the child you are in trouble. I assume you didn't move out of state at any time during this, that would get you to. I hope this gets resolved so no one gets hurt, but I know from experience Nobody gets it their way, and is hard on everybody. My ex and I battled back and forth for 14 years with custody issues, it went all the way to the state supreme court. I won custody, but the strain on us was enormous. My youngest has never recovered mentally.
2006-09-14 19:56:34 · answer #1 · answered by whatshisface 4 · 0⤊ 0⤋
I am confused. How could they call a case that wasn't on the docket? You were in the legal aid office at the time the case was called so you have proof of your whereabouts. Your divorce/seperation agreement had some details of where you could live and move to and it sounds like you violated that ageement when you went to the high desert. You opened the door to trouble when you didn't get some papers saying it was okay to move.
I wish you luck, you are going to need and attorney but the court might listen to the daughter in regards to where she wants to live anyway. She is old enough to know which parent is best for her.
2006-09-14 20:07:37 · answer #2 · answered by Johnny B Goode 3 · 0⤊ 0⤋
First off I want to say that I'm sorry because you can tell that you love and miss your daughter very much. The judge will take you daughter's wishes into consideration, but his decision will be based soley on the welfare of your daughter. Just tell the judge what happened and that you were out of the county looking for work.You'll get your daughter back just stay strong and remember to pray okay.
2006-09-14 19:57:45 · answer #3 · answered by The ChoColate Princess 1 · 0⤊ 0⤋
i really feel sorry for you, i don't know how the law is in the USA but here in the UK judges take children as young as 8 yrs wishes into consideration and the judge usually rules in favor of what the child wants, so maybe you'll be lucky and he may rule in yours and your daughters favor
good luck
2006-09-14 19:53:50 · answer #4 · answered by janine 2 · 0⤊ 0⤋
in australia yes she would have every right to say where she wants to live at a younger age I think that it is about 11 or 12 when they can decide who they want to live with and see to you good luck and I hope that it all goes well for you at the next court date
2006-09-14 20:35:32 · answer #5 · answered by meandragon 3 · 0⤊ 0⤋
the court will have to accept the child's wishes with the exception of the fact that some one proves to the court that the parent the child wishes to live with is on drugs etc or is not beneficial to the child's welfare.....you will get custody if the child so deposes in court.
2006-09-14 19:42:41 · answer #6 · answered by all 2 one lewisham ltd a 1 · 0⤊ 0⤋
Your daughter is the issue so judge has to listen her statement carefully judge is bound to pass the order according to your daughters statement your ex. only cry for the love he will show in the court. that all.
2006-09-14 21:05:01 · answer #7 · answered by Hind K 2 · 0⤊ 0⤋
She is old enough to decide and a judge will 99% of the time favor that. Dont bad mouth her father in anyway, even to the judge, it makes YOU look bad. It sounds like he will make an *** of himself, let him.
2006-09-14 19:43:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It still depends on her welfare. I went threw that when I was her age. It helps if you have a steady job and a good place to live.
2006-09-14 19:41:06 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It'll count a lot, and have your lawyer explain the deceitful things he has been pulling.
2006-09-14 19:42:19 · answer #10 · answered by loveorlust06 5 · 0⤊ 0⤋