I am the father. I have raised my daughter for the last five yrs. the mother asked to take her out to eat and I agreed and the mother failed to return her. I recieved a call from the mothers lawyer saying I need to be in court this thursday. could the mother take her away from me if she can prove she has a stable home? I have lots of past things against her but nothing current. she has nothing against me. I have been providing a stable home for her these last years. My daughter would perfer to live with her mother if possible. My daughter is 12 years old now. The mother lives 3 hrs. from me and the court date is there. I haven't been served with court papers yet though because of the holiday. What are the chances of me requesting to have my daughter returned to me where she can continue in school and transfer the custody case here where I live ( where the child's home has been up until a week ago) until a final case hearing?
2006-11-25 16:58:51 · 7 answers · asked by candace L 1 in Politics & Government ➔ Law & Ethics
Well, the way I understand it, she's lived with you for the last 5 years and all of a sudden doesn't come home? That's kidnapping, call the police. But, She is old enough that the judge will listen to her opinion. Get her friends, get her teachers... get people with you to back you up and go to that hearing.
Ask the police about the kidnapping thing.
2006-11-25 17:08:31 · answer #1 · answered by MotherBear1975 6 · 0⤊ 0⤋
If you have legal physical custody, she kidnapped her daughter.
In hindsight, you probably should have called missing persons. If you don't get served immediately, do that.
You have to show up to court if you get served, but if you're right, and there's nothing she can tell a judge that would go against you, I don't think you have anything really to worry about.
I would also imagine any judge would want to keep the child's best interests in mind, and unless she's in danger being with you and living her life as she has for 12 years, he or she will probably want to get her back to a familiar setting to make it as easy on her as possible.
I'm kind of suprised the hearing is where your wife lives, instead of where the child was taken from and where her home is.
I just realized you said she would want to live with her mom. I THINK a psychiatrist or a lawyer (not yours nor your wife's) or possibly the judge would speak with her privately to determine if she's mature enough to make that decision, and that she realizes what any implications would be (leaving her school and friends, etc.). If she's found mature enough, though, she'll probably get a big say in where she lives.
I'm sorry, I know this isn't that helpful, and I really feel bad for you.
Seriously, though, if you aren't served pronto (courts aren't exactly M-F 8-5 a lot of times), call missing persons and see what they say. You may not be able to do much, but there may be something.
2006-11-25 17:13:57 · answer #2 · answered by CrazyChick 7 · 0⤊ 0⤋
Most of the time unless you can prove in court that she is a unfit mother custody is awarded to the mother. If the child is old enough and says that she wants to live with her mother the judge will probaly let her live with mother. It is pretty hard to get custody from a mother unless the mother is unfit. This is especially true if the child is old enough and says she wants to live with mother. Maybe you can work out some agreement with the mother. Good luck!!!
2006-11-25 17:22:50 · answer #3 · answered by lita ozzy bear 3 · 0⤊ 0⤋
No offense but you shouldnt waste you time here, you need a lawyer and fast. The instant she didnt return at the designated time you needed to get a lawyer.
Different states, counties, cities, have different ways of looking at things. You also should have called the police and filed a kidnapping charge against here. That would have severly hurt her chances. You can still use that against her, contact a lawyer still tho.
2006-11-25 17:31:03 · answer #4 · answered by Texas Tiger 5 · 0⤊ 0⤋
Unless there are circumstances that we don't know about, she took your daughter while you allowed them time together in good faith. That doesn't exactly show trustworthyness or dependability. If your daughter is legally supposed to be with you, you could call the cops and have her returned where she belongs. Even if your daughter really does want to live with her mother, this is hardly the right way to go about it... and any responsible adult would realize that.
2006-11-25 17:15:43 · answer #5 · answered by lizabethe517 2 · 0⤊ 0⤋
in case you had custody of your daughter then the mum is responsible of the crime of kidnapping. be beneficial to describe that throughout court docket (you prefer a criminal professional, btw). that's an exceedingly undesirable element to do and could artwork very plenty against the mum. If she refuses to return your new child after the court docket date, she ought to rather pass to penal complex for it. Technically, you ought to call the police officers actual now and clarify the area. they are going to arrest the mum and return the daughter on your custody. the factor right here is that custody disputes are dealt with by making use of the court docket. Snatching your new child out of your significant different is a criminal offense. back, the main suitable thank you to safeguard it is thru a criminal professional. in case you have faith her mom is a flight danger, the police officers could be called. If not, that is in all probability maximum suitable to settle on the topic in court docket and to barter a topic all of us can stay with. until eventually of path, her mom is risky.....that desires to be dealt with with a level of....firmness.
2016-12-17 16:20:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Do you really expect to "solve' this by asking an opinion forum????
The child was not returned ....duh! you call the police...you have custody...DUH
2006-11-25 17:19:38 · answer #7 · answered by SURECY 3 · 0⤊ 0⤋