911 Help The Father wants custody Mom has 1/2 legal rights?

Question

No one has custody and I can't caIl the police because she the mom. 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 desicion

Answer 1

Ouch, I am so sorry!
It sounds to me like you need an attorney asap. One that fights for dads rights.
It takes someone special to be a parent, but too many times parents feel like they can just come and go as they please. I would, however, ask for back child support if none has been paid and you have been responsible for your daughter up until now. (that might scare mom off a little).
I would also ask that if the mom now wants to be involved that she move closer to you to make visitation easier on your daughter so she has stability.
What did you divorce papers read?
Do some research tonight: Google Fathers and Dads rights for your particular state.... here's some to start:
http://www.themenscenter.com/National/national06.htm
http://www.fathers-rights.com/
http://www.fathersrightsinc.com/
Good luck.

Answer 2

I'm not sure about your state but here in missouri where i'm from, the courts will usually favor with the Child if the child is 12 and older, however as with all custody battles between parents the courts will still look at whats the best interest of the child. But if there is nothing against the mother that you have then the courts will probably give your daughter her wish and live with her mother.. However its always good to get a gardian alidum to be your daughters attorney....

Answer 3

You've had physical custody for some time now, and that will count for something, especially if they cannot show you were doing a poor job.
On the other hand, your daughter is very near or at the age where the court will give her a lot of latitude in deciding which parent she will live with.
You didn't state how close you live to each other, but it seems as if it's some distance. If she's taken her out of state, you may have other rights as they relate to abduction or removing a child from your custody without permission.
I'd advise you to get advice of counsel immediately.
I wish you best of luck.

Answer 4

If you had custody of your daughter then the mother is guilty of the crime of kidnapping. Be sure to explain that in court (you need a lawyer, btw). That is a very bad thing to do and will work very much against the mother. If she refuses to return your child after the court date, she could easily go to prison for it. Technically, you could call the cops right now and explain the situation. They will arrest the mother and return the daughter to your custody. The point here is that custody disputes are handled by the court. Snatching your child from your partner is a crime. Again, the best way to handle this is through a lawyer. If you suspect her mother is a flight risk, the cops should be called. If not, it's probably best to resolve the matter in court and to negotiate a situation everyone can live with. Unless of course, her mother is dangerous.....that needs to be handled with a degree of....firmness.

Answer 5

Do not call the police. Your daughter is old enough to know you called the police on her mom. Where the hell has she been for the last five years? The courts will see who is a better caregiver. I know you say she wants to live with her mother, but remember...you are the adult and you know what is best, she will be mad but she will get over it. Kids are resilient. Good luck, I hope you get her back. There is not excuse for any parent to abandon their child and I am glad to hear it is the dad stepping up!

Answer 6

This is a tough one. However, if you have had physical custody of your daughter for 5 years, I would cal the police ASAP anyway. There is at least an informal custody arrangement. Seriously, call the police and get their take on the situation. If you have a lawyer, call him/her too.

Answer 7

you may very well be scewed. get ready for a battle. i ben there before. it hard on the men. make sure you have all papers from school and doctors and letters from people that know what you been doing. get them noterised too. good luck to you. you can ask for her to be placed with you till mother proves self, and see how daughter feels, her feelings will be take n in conciederation too. i raised my daughter from 3year old to 14, it was her who the court asked where she wants to go and why. she went because i would not aloul to date yet. she was pregnet 6months later. again good luck my friend.

Answer 8

I am 14 and my mom and dad are divorsed, They have equal joint custody, they may ask your daughter were she would rather be and if you have a good drug free home and a job and the mom is on drugs and is unemployed than you will most likely get her but if the mom has a good home and job then you and her will get equal joint custody unless she has dirt on you and has proof!

Answer 9

com your self. every thing will work out. what the judge decides will be the best decision. i think u have a really good chance though.