She was living in Colorado and then my ex-husband told me to come pick her up so that she could live with me. She has been a resident of Oregon for over 6 months now and he has maybe called her twice. Can he legally come pick her up now after all of this time? She does not want to be with him. He doesn't even have his own place to live in. He lives with his friends. Pls. help me as I am worried about what my rights are as a parent. My daughter is worried that he may come kidnapp her from school and take off with her. Thanks for your help.
2006-10-08 10:25:57 · 8 answers · asked by stretch 1 in Family & Relationships ➔ Marriage & Divorce
Legally he wouldnt have to kidnap her but just come and get her as he has legal custody of her and it would be your word against his as to how she came to live with you. Only a domestic court judge can approve such a situation and a remodification of the child custody order of your divorce decree. Without one you cant legally do anything for her and in fact you could be charged with federal kidnapping if your ex filed charges against you. Contact an atty immediately for instructions on how to proceed and advise your ex that youre doing such and will need him to appear or send a notorized written paper stating he giving up voluntarily his custody rights of your daughter to you. Right now this is a very dangerous situation for you and could blow any minute so please hurry. Good luck
2006-10-08 10:37:25 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
If he has custody then it is not kidnapping. He can legal pick her up. Your best bet would be to go back to court to get rights and legal documents for her to live with you. Try doing this as nice as possible because this is her father.
2006-10-08 10:31:45 · answer #2 · answered by jamie-blacksher@sbcglobal.net 2 · 0⤊ 0⤋
But you just said he is custody of your daughter? Yes, he can of course pick her up legally.
2006-10-08 10:28:27 · answer #3 · answered by Your Wife 3 · 0⤊ 0⤋
This worry of yours can only be solved by finding a good attorney to guide you thru the law's.. Anyone who attempts to direct you differently is a fool...I've been thru the whole ten yards, and that is the only solution that solved my problem...Good luck!
2006-10-08 10:33:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
until you go back to court and get things changed he can come get her when ever he wants to to day tomorrow or 5 yrs down the line a person can not just change orders of the court you must go back to court to do this be carefull this has happen to a lot of people
2006-10-08 10:28:34 · answer #5 · answered by just_me_1955 5 · 1⤊ 0⤋
im confused if he had custody why did he give her to you did he just get tired of her, you need to report that he wanted you to get her maybe they can reopen the case and see him as unfit if he doesnt want her all the time why not fight for joint custody.
2006-10-08 10:30:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It could be that he wants you to have full or joint custody. Either way,
I urge you to be careful. There is no telling what he might have up his sleeve.
2006-10-08 10:34:31 · answer #7 · answered by Mike M. 7 · 0⤊ 0⤋
You should not have to accomodate him. Get a lawyer and get custody.
2006-10-08 10:29:03 · answer #8 · answered by Anonymous · 1⤊ 0⤋