OK custody law, I want my baby back?

Question

Approximately 1 month ago, my now ex-fiance had me arrested for false acusations of assault. When I was released from jail, the next day, she took our (both of us being the biological parents of and the child having resided in our home) infant daughter more than 1000 miles away. She has no intent on returning the child or allowing me visitation. The charges of assault, picked up by the state, have since been dropped due to lack of evidence. Do I have any rights in this matter? I just want to see my daughter again. Please help.

Answer 1

She is way, way out of line and everyone here is right - you need to lawyer up and you need to do it right away. There is a very good chance that you can get the court to issue an emergency order forcing her to return the child to your state and possibly to your care. Courts generally do not appreciate parents unilaterally taking children in contested situations outside of their jurisdiction. Until a court decides what the custody situation will be, all three of you are in thick fog - while the courts still remain heavily biased toward mothers, huge progress has been made in the area of father's rights and there is LOTS of research (that family courts are well aware of) that shows the positive influence of fathers on children's lives. The mother of this baby may get a quick lesson in understanding that while she is a mother, she is not an owner and that you have as much right to parent this child as she does... and further that this child has as much right to your fathering as she does to this woman's mothering.

If the charges are dropped on the assault thing, don't let that stand in your way. Clearly this woman was planning this for a while - probably 75% of women who decide they don't want to be bothered with joint custody trump up false charges of abuse and assault as a legal strategy to win full custody. If you're clean, if she doesn't have pictures of a hole in the wall she says you made when you were mad, if there hasn't been a long history of issues with you, etc., the courts will see through it for what it is - a cheap strategy that ends up looking worse on her than on you.

Lawyer up, lawyer up fast, get to court fast, try to get an emergency order to return the child to the jurisdiction within 72 hours, and fight for your rights as a father. Also, study quick on fathers rights. There is a lot to know and the game isn't the same as it was in the 50's. A lot of progress has been made.

Best of luck man - you are in for a long and painful fight but one that, if you have any ability to fight it, is so incredibly important that you fight. When you do you are not only fighting for your rights as a father and your daughter's rights to have you as a father, you are fighting for fathers whose children have been ripped from their care by abusive women and prejudicial court systems around the world. Each one of us that fights and wins, helps to stop an inhumane injustice that has been done.

Answer 2

The first question is has paternity been legally established? If not, then you have no rights until that is done. If/when paternity is established, you have the right to petition for custody/visitation.

You can ask that the judge require her to return the child to the state. He/she may or may not grant that request. If it's not granted, then you can ask that Mom be required to pay travel expenses in order for you to maintain visitation with the child (on the basis that she created the distance). Again, the judge may or may not grant that request. At the very least, you should request that Mom be required to pay half of the expenses.

Of course, Mom can also request that any visitation you have with the child be supervised (on the basis that there was abuse). Also, she can, and you can expect that she will, request child support.

You need to talk to a local attorney.

Answer 3

I agree with the others you do need a lawyer, for more reasons than you can imagine. Every state is different, you have said that you were the father, that brings us to the question did you cohabit, in other word did you live as husband and wife, in some states this is called common-law and you are married in the eyes of the court. the bottom line is that you really do need a lawyer. Good luck

Answer 4

If you were paying child support, you have a better chance. Since you never married her though, it's not as good as it would be if you were married. Get a lawyer. Clear your name. File charges against your ex for filing a false report, assuming you can prove it WAS a false report. If she is asking support, pay it through the courts, so there is a record that you paid. My husband made the mistake of paying in cash one time and his ex lied and said he had not paid that month, put us WAY behind the 8-ball, but we finally got *caught up*, never got the money back, never expect to get it. I wish you the best of luck, but don't hold out much hope. Look for a support group of divorced fathers. They know the ins and outs of the legal system.

Answer 5

First you have to get expunged, so you have no criminal record. Usually it takes 2 years.
Then you need to hire an attorney that would represent you at the hearing.
Sorry to tell you this but the justice system is not always sympathetic with parents that had a criminal background.
It always comes down to who has a higher payed lawyer that can talk for a long time convincing the jury how fit their client is for parenting.
Good luck.

Answer 6

FIRST: make valuable it is your youngster formerly you even think of roughly any form of criminal action. Please do this first, because of the fact if this is no longer your baby, then each thing else is moot, and that i'm valuable she'll punish the unfavorable sucker who relatively fathered the youngster basically like she's doing to you. additionally, it variety of feels to me that that's some juvenile ploy of hers to added torture you. discover some thank you to nip it interior the bud formerly she rather screws stuff up. That reported, so a techniques as i be attentive to, there's no regulation that announces if she has the youngster in Mexico and is derived back, which you won't be in a position to have or combat for custody. What it is going to do, notwithstanding, is relatively screw issues up for the youngster, for the reason that he won't be a citizen and he or she will take him back there each and each time she needs to, which may well be undesirable for you in case you had custody as nicely. yet that's yet another Oprah instruct. you may get an criminal expert, and start up up courtroom circumstances to have DNA assessments comprehensive (they are in a position to do super-severe-tech ones mutually as she's nonetheless pregnant) to make valuable the youngster is yours after which you would be able to ask for some form of restraining order to sidestep her from taking your baby and efficiently making him a Mexican citizen. yet which could be complicated and severe priced, and consistent with what you reported approximately your ex, it may basically piss her off greater. What could probably be maximum powerful is to touch the kinfolk courtroom on your section and ask for mediation centers, and tell them the situation. they are in a position to probably help the two considered one of you paintings something out, a minimum of formerly the youngster is born, then custody may well be desperate. you probably won't get comprehensive custody (till there is so lots greater at the back of that "shady previous" remark), yet you may combat to maintain that youngster on your existence and out of Mexico. And a mediator is a individual experienced interior the regulation and in relationships, and the assumption is to help the two sides come to an settlement that's mutual and constructive for each individual. good success.

Answer 7

Yes you do have rights. You need to spring for a lawyer and get your rights affirmed by the courts.

Answer 8

You need a lawyer for that one, not people answering questions on the internet.