My ex no longer has rights to our daughter. He signed away his parental rights when she was an infant and she doesn't know him now. My husband adopted her whens he was 2. He's the only father she knows.
There has been some trouble with the ex lately. He's decided he didn't want to sign his rights over and feels like he is entitled to visits even though he signed away his rights to visitation years ago. I feel it would be emotionally damaging to her at this point to have to see him, so I told him no.
He then told me that he'd find a way to see her, even if it meant going to her preschool and taking her. I called the police about it and was told this was a civil matter and they couldn't step in?
Is that true? Or did I come into contact with some lazy cops?
2007-11-05 05:13:17 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
He signed over parental rights which means he no longer has visitation rights, so there isn't a big difference- he did both.
2007-11-05 05:20:15 · update #1
Children are more resilient than you think. I doubt she'd be damaged by contact.
His backhanded tactics are devious though. You might be able to work out a way where he can see her and have it be a positive experience.
Good luck.
2007-11-05 05:26:57 · answer #1 · answered by nekkidneptunian 3 · 0⤊ 0⤋
Suggest you get a restraining order. They are pretty simple to get in most states, especially where family matters are involved. You should serve your ex and once it is granted, file a copy with your daughter's school (they shouldn't let her go with an unauthorized party anyway, and the restraining order will make them more vigilant).
Police are required to enforce restraining orders. All you gotta do is show it to them.
Yes, it probably is kidnapping once the act is completed. But you don't want to wait for the act, you want to prevent it. Stick to your guns. Most Courts would not entertain vacating an adoption order given the history.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-05 05:27:10 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
You first stated he signed away his parental rights, then you said he waived visitation rights. There is a big difference.
Visitation rights can always be brought up again in court. If this is the case, he will most likely be granted rights to see her.
If he signed away his parental rights, this may be a different story. You would need to contact an attorney who specializes in family law to review your paperwork and give you a legal opinion.
Without looking at the actual paperwork, any answers you get here will be purely speculation.
2007-11-05 05:18:34 · answer #3 · answered by trooper3316 7 · 0⤊ 0⤋
First of all, if your current husband already adopted your daughter and everything was done correctly, meaning no fraud was involved your ex husband has NO rights to see your daughter. You can put the school on notice and if he comes by to talk to her you could probably get a restraining order against him, especially if he has threatened to kidnap her. Your ex has no rights and your current husband has adopted and has been supporting your daughter so your ex is outta luck.
2007-11-05 05:22:33 · answer #4 · answered by lahockeyg 5 · 0⤊ 0⤋
Kidnapping is a criminal matter, PERIOD. Additionally, just attempting would constiture "Interference with Child Custody".
Number one, get an attorney. Let him or her know what has happened.
Number two, get a protective order or restraining order specifically to keep him away from you and your child.
Three, don't take any BS from the police department. Demand to talk to a supervisor... or the chief. Depending on where you live, his threat to kidnap may constitute a criminal offense.
2007-11-05 09:30:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need to give the school a copy of whatever paperwork you have that shows he does not have visitation. The school should adhere to any legal documents.
2007-11-05 05:24:35 · answer #6 · answered by rojo_jojo 5 · 0⤊ 0⤋
Well, until he actually takes her, it is a civil matter, so they're right.
You could try to get a restraining order against him, and you should advise her school of this issue.
2007-11-05 05:20:03 · answer #7 · answered by Teekno 7 · 0⤊ 0⤋
it is more likely that you explained the situation improperly and made it sound like a civil issue.
2007-11-05 05:19:26 · answer #8 · answered by davidmi711 7 · 0⤊ 0⤋