I have not seen my daughter for 2yrs now.She is only five.When he and I divorced we both got joint custody.I moved and got remarried and he just keeps moving and i dont know where he is and he lets me see her when he says i can.I f I go and just get her cant he just get me for kiddnapping or what it is just a total nightmare what I have gone through and alot more to the story to tell.I desperately need some help on the matter.It should be against some kinda of law what he is doing.Pls help
2006-10-19 17:42:24 · 9 answers · asked by m.lewis8900@sbcglobal.net 1 in Family & Relationships ➔ Marriage & Divorce
You are going to have an uphill battle if you moved away from your child to get married. Probably not what you want to hear but he has that to use against you in court if that is what it comes to.
Best thing is to get an attorney and try to serve him papers for contempt because he is denying you visitation. If you don't know where he lives, this is going to get messy fast.
2006-10-19 17:45:39 · answer #1 · answered by ? 3 · 0⤊ 0⤋
Honey, if you have a copy of your final judgement of divorce, it's time to bring it out and read the fine print. Find out what it states in regards to visitation. If it's not mentioned and only custody was awarded jointly, then you have just as much of a right to your child as he does and he cannot get you on any kidnapping charges. He's using it as a threat to scare you. Once you have your daughter, RUN, don't walk, into your county courthouse and file a petition for placement. He'll contest it, but that's what you want. This way it will go through a long process (which bides you time) and the entire situation will be looked at. More times than not, the controlling parent does not win. The courts like to side with the parent that will be more flexible and less confrontational when it comes to visition.
I wish you luck honey.
2006-10-20 00:49:02 · answer #2 · answered by Hollynfaith 6 · 1⤊ 0⤋
even though you got joint custody, you never stated who had primary custody. even though you move and get married and he moves around, you can file a amended motion for custody with the court along with contacting the fbi as it is considered kidnapping when one parent tries to hide the location of the child from the other no matter the reason behind it.
2006-10-20 00:53:05 · answer #3 · answered by hollywood71@verizon.net 5 · 0⤊ 0⤋
Wow this is tough....I would suggest that the next time he says you can go see her.........ask the police to go with you. and they can also make a report....Don't tell him you are bringing the police....Without him knowing, get his license plate #.....Like walk behind his car to get to yours...........If you kidnap her they may never let you have visitaiton rights again.....I think you need to see a lawyer b/4 the next time you can see her...That way You will be well informed of your rights, and you can have the address for the lawyer. Good luck...Sorry about your problem
2006-10-20 00:50:13 · answer #4 · answered by mom of a boy and girl 5 · 0⤊ 0⤋
If you and he have joint custody and he moves and will not tell you where he is at, well you should be able to get him for kidnapping. Call your police dept to see if you can get some advice.
2006-10-20 00:47:05 · answer #5 · answered by Val 6 · 0⤊ 0⤋
You need to go to court and file a notice of motion for visiting rights.He will be found in violation of rights if you do it sooner.
2006-10-20 00:45:33 · answer #6 · answered by gibbyguys 4 · 0⤊ 0⤋
This is the kind of thing that you should really talk to a lawyer about.
2006-10-20 00:45:44 · answer #7 · answered by Akfek_Branford 4 · 2⤊ 0⤋
Why did you leave her with him in the first place?
2006-10-20 00:46:13 · answer #8 · answered by master_der_man 6 · 0⤊ 0⤋
divorce is not the answer
2006-10-20 00:48:27 · answer #9 · answered by Anonymous · 1⤊ 1⤋