i just found my father a few months back we have a great relationship he gives me good advice about my child but he can only tell so much. the father of my child is cold he won't let me see my child i haven't seen her since january 2007 he is trying to put me on child support and hasn't worked since 2005 and he doesn't even have a place of his own for the child i had to put a restraint order out on him for hitting me and threathening to pull a knife on me. what is the best advice that you could give me.
2007-10-10 04:11:31 · 8 answers · asked by mela 2 in Family & Relationships ➔ Family
I'm more than a certain (even though you should contact a lawyer to see what the laws are in your state) you'll have to fight for custody in the state you live in.
2007-10-10 04:15:21 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your ex pulled a knife on you and he still has your child?? There must be more to the story. If there has been any court action between you two, like a child support hearing or a custody hearing, then that court will have continuing jurisdiction over the child, even if you move to a new state.
If there has not been any court action, the county where the child has lived for the last 6 months (could be more or less depending on the state) would have jurisdiction over the child. If you move to a new state, you can file an action in your local district or family law court requesting to transfer jurisdiction, but you'll not likely succeed if you don't have custody.
Best advice...get a stable job; get a clean, safe place of your own; and document everything you can about your ex's shortcomings as a provider. If you decide to go to court, your attorney will appreciate this time line of screw-ups. It helps to demonstrate to the court his incompetence as a custodian.
2007-10-10 11:24:32 · answer #2 · answered by trent m 2 · 1⤊ 0⤋
Go to court and file a petition for custody. Make sure you are well prepared to prove he is not a good father and that he can't provide for the child. The restraining order will help.
It shows he is violent and might be a threat even to your child.
You must fight the case in the state where the child resides.
You also have the right to request visitation at anytime.Why
wait so long? Do it now..You can also request a law guardian
to speak to your child and find out how the dad is with her and what goes on in the household where she lives. Fight 'till the end. Don't give up.
2007-10-10 11:19:29 · answer #3 · answered by lizzy 4 · 0⤊ 0⤋
I suggest that you go to family court to fight for custody. I believe you can do this in the state that you are in. You will need to have a copy of your police report to show that he has been domestic and shouldn't be the custodial parent. If you have anything else to support, like that he doesn't have a stable home for the child, this will help your case as well. Remember that this type of issue is really messy in the court and all your life will be brought out in court. In addition, you have a right to see the child, you maybe able to get a judge to give you visitation until family court decides which parent is more fit for the child to live with.
2007-10-10 11:18:52 · answer #4 · answered by ameri0903 3 · 1⤊ 0⤋
First and foremost, get any and all documents, witnesses, and records of his behavior, living situation, and dealings. Then take those to court with you. You will have to go to the state that the child issues originated. And you should consider legal council. I would really push the issue of the child's safety and how much you have done to help and be there for the child. Now, with all that said, you need to make sure you are in a stable job, and living situation. (Live-in boyfriends aren't much help unless the are well established and you are planning to marry, just a little FYI). Now, go get your child from the sperm donor since he has proven to be just that. Good luck.
2007-10-10 11:21:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Short answer, until you move, you'll have to start in the state you're living in. And you should start NOW.
Longer answer...he hasn't worked in 2 years, hasn't allowed you access in months, and is under a restraining order. Unless you've had some very bad stuff in your own background, I'd think it wouldn't be too hard to convince a court that your child would be better off with you.
2007-10-10 11:19:26 · answer #6 · answered by El Jefe 7 · 1⤊ 0⤋
I do not understand how he could have been granted custody after his history of family violence. Have you been to court where this has happened?
2007-10-10 11:15:36 · answer #7 · answered by Settelbanat 4 · 1⤊ 0⤋
get a good lawyer ...and pray good luck
2007-10-10 11:14:40 · answer #8 · answered by loveradsrn 5 · 0⤊ 0⤋