Custody Issues - Middletown,CT

Updated on September 15, 2010
J.O. asks from Middletown, CT
6 answers

Me and my daughters father have never really agreed on anything, including custody. When my daughter, Jayla, was 5 months old, her father wanted overnight visits on the weekends and holidays. I thought she was way too young for that and wouldnt agree. I told him I wanted to go to court for custody and he could come visit her as often as he wanted until then. So one sunday he came and wanted to take her to the mall for an hour and then bring her back. Well, he never brought her back. He lives two hours away from me, so I drove there and called the police and they came and said because custody had not been legally established there was nothing they could do. A week later, he said he would let me take her back, ONLY if i signed a notarized letter stating he could have her every other weekend. Of course that was my only option of getting her back so I agreed. We went to court for custody in June of 2010 when she was 10 months old. I got primary physical custody and he got visitation every other weekend from friday-sunday. We also got joint legal custody but I have the tie breaking decision if we cannot agree. So ever since she was born, my sisters mother in law was watching her while I was at work, but when I found out she couldnt anymore when she was 1 year old, I applied for early head start. She got approved but she is on the waiting list. I do not have the income to put her in day care full time. So for the time being my boyfriend came to live me and watch her while I am at work. I trust him 100% and Jayla loves him. Well when my daughters father found out, which was on one of her visits with him, he refused to give her back to me until I found a different babysitter - so again, he was basically holding her hostage until he got his way. I called the police and they said I had to go through the court and file for violation of court order. They said there was no way they can go with me and take the child back. Which means I will have to wait about 2 months to go to court and get my daughter back. This seems outrageous to me. I had a court order for custody and there is nothing, anyone can do to help me get her back? Does anyone have any ideas or know anything I can do to get my daughter back before we go to court???

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So What Happened?

So three and a half weeks after my daughters father refused to return her to me, I found a daycare and enrolled her in it and she could start asap. He came up to see the daycare and approved so allowed me to go and pick her up the following day. We just went to court about a week ago for the contempt of court and he also filed to modify custody, and his punishment for taking her was he has to do all of the driving for one month. He also got an extra day of visitation every other weekend. He was pretty upset but i think he got off very easy. Im just thankful its over and I have my daughter. Hopefully this does not happen again, ill keep my fingers crossed..

More Answers

S.G.

answers from Oklahoma City on

is it in the decree that no over night visits are allowed with someone of the opposite gender, if so, there is nothing they can do. a lot of decree's are having that listed these days. I'd make bf move out before you take him to court, my husband was holding that against his ex wife and she lost a lot of her case (that is still going) because of that reason....the court systems frown on that about as bad as not paying child support BIG TIME.

over night visits at that age are not bad. i left my exhusband when our daughter was only 3 months old, and well, judge saw no harm in it mainly because i was no longer breast feeding.

i'd surely call an attorney and talk about your rights but with joint custody, he has just as much say so as you do, that's what i have with my ex husband...what they enforce is up to them.

MAKE A JOURNAL of what's going on so when court date arrives you can tell exactly when what happened. and let him keep making the "wrong moves" holding her hostage or what not, it'll make him look worse and worse. i had to go through all that with my ex and he's now set himself up that i now qualify to take him for child support and possibly custody too (took 8 years but it worked itself out)

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C.W.

answers from Santa Barbara on

Wow, I'm sorry, it sounds like your life is very messy! The police are suppose to be there to enforce orders and if it is past his your weekend, she goes back to you. Stand your ground, be persitant, do not give up, go higher up in the department and ask for an emergency hearing. Unfortunately since he is the father, he will be entitled to time with his daughter. You have a long future with this man. He sounds very scary.

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L.M.

answers from Dover on

You take your court order with you to the police and tell them that your ex is violating the court order which is the same as kidnapping your daughter and you want them to retrieve your daughter for you. If they won't, you talk to the supervisor. If that does not work, go to your local family court and see what they say.

As far as the babysitter issue, if your ex has a problem (and it is not legitimate one) there is really nothing he can do. He can petition the court but if not a legitimate reason, they won't do anything. I speak from experience (in Delaware). We were actually told that it was none of our business where our child was when it was the other parent's visitation/custody time.

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C.M.

answers from Detroit on

The only thing i can suggest is to first pray and then communicate to the courts when you go how he will take Jayla out of her enviroment with you in order to communicate what he would like to happen, that has to be upsetting for your daughter. Sorry this is happening!

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B.T.

answers from Detroit on

If he is violating the court order, can't the police do something about that?

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M.E.

answers from San Francisco on

I know that you must be really frustrated. I would be too. There may be low-cost or free help at family court that can help you. I'm perplexed that if your husband violates a court order the only remedy is to wait for a distant court date to resolve it. You need to remain calm and get some help. Good-luck.

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