I Finally Got My Daughter Back!

Updated on November 09, 2006
J.D. asks from Union City, IN
4 answers

On Sunday, October 15th, my husband and I had an argument and he left, taking our 8 year old daughter with him. Since then, he refuses to let me see her and he rarely let's her speak to me. He filed for divorce Oct. 17th and I filed for emergency custody on Oct 20th. I am a great mom, her primary caregiver, and I have a degree in child development. He has an abusive history towards both of us, I even had a protection order against him 2 years ago, and the court is not doing anything! My daughter is my life. Why isn't anyone helping me get her back? Where is the justice? I would greatly appreciate any suggestions! A Little Bit more about this story... When he left with her, I called the police, they said that there was nothing they could do, since he had equal rights to her. The first 3 days they were gone, I had no idea where they were - He didn't take her to school, and I called everywhere trying to find them and nobody returned my calls. I again called the police to try and file a missing person report. They told me that since the father had her, again there was nothing they could do. I have an attorney, we are trying to go through the courts to get emergency custody, but the courts aren't doing anything! He and his family, are now taking her to and from school, but they walk her inside and go inside to pick her up. She needs her schooling, so I don't want to disrupt that. I am trying to do things legally so it doesn't look bad on me, through this custody battle. Thank you for your suggestions!

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So What Happened?

Over the past month, we were granted Temporary Orders for Shared Parenting, unfortunately the court did not give us a visitation guideline with those orders. But, I was able to see my daughter every other weekend and a couple of hours one night, during the week. Which was not enough for me! Today - 3 months later, my husband has come to the realization that he cannot care for our daughter and he has signed over FULL Custody to me!! My daughter moved back into my house over the weekend and she is very happy. It took a while to get here, but I think this story does have a happy ending!

More Answers

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S.L.

answers from Columbus on

I agree with Kelly. Do you know where your husband is? Were you granted custody in October? If that were the case then I'd march my little butt to the school that your little girl is in and get her. I would also get the police involved with that in case your (ex)husband is there. I would also go talk to a lawyer or someone about the protection order that the court is doing nothing about. I don't want to led you to do something to get you in trouble since I don't know the whole situation. I just know I would be calling everyone and anyone I could to get my baby back.

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L.

answers from Columbus on

I have the name of an attorney who helped me obtain full custody and get away from a similar situation. Her name is Lora Cleary and she is Awesome. ###-###-####. Also if you both have custody..possesion is everything. You need to go to her school and pick her up, even if it means taking her out early. You are her mother and if you have custody as well..you are not breaking any laws.He would have had to present the school with something restraining you from taking her out. Then you need to get an emergency custody order in order to prevent him from picking her up. He can not keep you from seeing her by law..the longer you stay away..the more time he has to fill her head with lies and prepare a case against you. Good luck and we'll keep you in our prayers.

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K.C.

answers from Columbus on

I think you need to give a little more detail to your story in order to get good advice. It almost sounds like your husband has kidnapped your daughter, so I dont get how you cant just call the police. If he's taken her and you havent seen her in weeks and he wont let you talk to her, I dont understand why the police arent involved?????...........or are they?? Do you know where she is???? Why dont you just pick her up from school if you have custody of her???? Sorry I dont really have any good advice for you, but I wish you Luck in getting this straightened out.

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J.W.

answers from Columbus on

Unfortunately there really is nothing you can do. I just went through a similar situation and who ever has the child when the papers are filed are granted temporary custody until the divorce. Also the police in this area wont get involved in custody issues. You said that he had a violent history with both of you, is that documented with the police?? If so that will look good in your favor. Also the judge might ask your daughter where she wants to be. Just hang in there i know it is hard but it will work out for the best.

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