I filed for divorce to end relationship with abusive husband. I moved out with my daughter. Since I had not taken a restraining order husband came and took my daughter with him promising to bring back after the weekend. Now when I tried to bring her back my husband says she does not want to come. Daughter also says she does not want to come back. Husband has brainwashed her. He has told you should not move as this is your home, if you keep moving there, coming back here, you will not have stability. Husband called his mom to stay with him to care for our daughter. How can I get her back now? Can I file for a restraining order now as I am afraid to visit my daughter at his place. He will start fighting in front of her. My daughter also has an impression that mom will be there for her whenever she needs, no matter how much she and her dad insult her. What can i do in this situation?
2007-08-21 03:39:48 · 7 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You told your side of the story. Now what is the truth?
2007-08-21 03:45:48 · answer #1 · answered by ? 5 · 2⤊ 0⤋
You fail to mention if your divorce is finalized and if so, were you granted custody? If so, then you simply call the police. Otherwise the "brainwashing" that you mentionn is a pretty common tool used by parents through the children to place pain directly on the ex spouse. Especially in a nasty divorce. How old is your daughter? The way that I see it, you have a few choices here:
A)If your divorce is not final, contact your attorney to see what legally you are able to do.
B) If your divorce is final and you have been given custody of the child, call the authorities to report him.
C) Let things go as they are in the hopes that at one point the daughter will see what the father is really all about.
D) If your divorce is not final, then your husband has done nothing illegal, therefore it wouldn't be illegal for you to "drop by" when he is gone and take the child away from his mother.
It is in my opinion (and mine only) that if he continues to keep her (and the divorce is not final) that he can leggally add charges of abandonmant to the issue of custody and may very well be following his attorneys advice in the matter. Some attorneys are simply "shysters" and will advise the clients on ways such as this to gain custody. I know this as I have actually seen it in several cases. (I say this before I get bombarded by the "keyboard lawyers" out there) That this is a very real fact and is just another way around certain legal issues and they all know it. My advice, since his mother has no legal right to the child (if your divorce is not final) is to call the police and have an escort take you to the property to remove your child while your husband is away. Then stay by her side, making her "unavailable" to him until the divorce is finalized.
2007-08-21 04:03:06 · answer #2 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
I hope you have hired a good divorce lawyer. Child custody can be shared, the judge can make a visitation schedule and both parents have to abide by it. The judge will likely talk to your child alone, or may even appoint an attorney for the child. Don't worry, the judge has seen this situation many times before, and will do what is fair and best for the child, no matter how "brainwashed" the child has been. Good Luck
2007-08-21 03:50:05 · answer #3 · answered by Colleen Christine 2 · 0⤊ 0⤋
You need to file for custody.
He can not keep her away from you,
that's not his choice.
It's up to the courts.
Unless your daughter is a teenager, she doesn't get to choose who she lives with.
It's all up to what the court says.
And most of the time (unless you are proven to be an unfit Mother), the court sides with the Mother.
Don't just sit by and do nothing.
Fight for your daughter.
Good luck
2007-08-21 03:46:03 · answer #4 · answered by MommaBear 5 · 1⤊ 0⤋
what do the custody papers say?during the divorce, something must have been arranged. if you have custody according to the order, bring the police with you and go get her. otherwise, get a good lawyer and be prepared for a battle.
2007-08-21 03:47:29 · answer #5 · answered by racer 51 7 · 0⤊ 0⤋
get a lawyer and get a custody hearing asap...have a law guardian appointed for your daughter. Tell them you want his home life investigated. He can not make you stay there with your daughter...get her some counseling and a doctor to make sure she is OK
2007-08-21 03:54:45 · answer #6 · answered by chris d 3 · 0⤊ 0⤋
Talk to your lawyer and next time make a better choice about who you pick for a husband and who you choose to have kids with.
2007-08-21 03:43:51 · answer #7 · answered by janicajayne 7 · 1⤊ 0⤋