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Can I keep my daughter during a summer visit and fight for custody from my state?

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KatieAnne713

Junior Member
What is the name of your state (only U.S. law)? Indiana

I share joint custody of my eight year old who lives in VA. I live in IN and get her during the summers. She is being mistreated and has just recently confided in her teacher and school counselor. Our custody agreement is as if I was still in VA but haven't been in years, we agreed on our own on the summer visitations once I moved. My question is when I get her in the next few weeks for our summer visit can I keep her here and fight for custody through the IN courts or do I have to fight for her through VA since that is where our case was originally heard. She is very upset and scared.What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Indiana

I share joint custody of my eight year old who lives in VA. I live in IN and get her during the summers. She is being mistreated and has just recently confided in her teacher and school counselor. Our custody agreement is as if I was still in VA but haven't been in years, we agreed on our own on the summer visitations once I moved. My question is when I get her in the next few weeks for our summer visit can I keep her here and fight for custody through the IN courts or do I have to fight for her through VA since that is where our case was originally heard. She is very upset and scared.What is the name of your state (only U.S. law)?
You would have to file for custody in VA, and unless the VA judge gives you temporary custody pending the outcome of the case, you would HAVE to return the child to the other parent at the end of your summer visit. You could not afford not to as not returning her would basically kill any chance you had of winning custody.

How is your child being mistreated? Is CPS involved?
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Indiana

I share joint custody of my eight year old who lives in VA. I live in IN and get her during the summers. She is being mistreated and has just recently confided in her teacher and school counselor. Our custody agreement is as if I was still in VA but haven't been in years, we agreed on our own on the summer visitations once I moved. My question is when I get her in the next few weeks for our summer visit can I keep her here and fight for custody through the IN courts or do I have to fight for her through VA since that is where our case was originally heard. She is very upset and scared.What is the name of your state (only U.S. law)?
No you cannot file in Indiana.

What happened when CPS investigated the mandated reporters claim of abuse and mistreatment?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Indiana

I share joint custody of my eight year old who lives in VA. I live in IN and get her during the summers. She is being mistreated and has just recently confided in her teacher and school counselor. Our custody agreement is as if I was still in VA but haven't been in years, we agreed on our own on the summer visitations once I moved. My question is when I get her in the next few weeks for our summer visit can I keep her here and fight for custody through the IN courts or do I have to fight for her through VA since that is where our case was originally heard. She is very upset and scared.What is the name of your state (only U.S. law)?
So, you're FINE with her staying in a "bad" place until the summer, but then you're going to snatch her away. That's your plan. REALLY?

You have outlined a sure-fire way to LOSE the visits that you do have and be restricted to tightly supervised visits (if you get any at all.)

If you are concerned about the child's safety, call the authorities.
 

KatieAnne713

Junior Member
So, you're FINE with her staying in a "bad" place until the summer, but then you're going to snatch her away. That's your plan. REALLY?

You have outlined a sure-fire way to LOSE the visits that you do have and be restricted to tightly supervised visits (if you get any at all.)

If you are concerned about the child's safety, call the authorities.
I am not "okay" with her being in a bad place at all, which is why I am seeking legal advice so that I don't ruin any chances of gaining custody of her. My plan isn't to snatch her but I know if I file before I get her that he will keep her from me until the judge orders otherwise and I am not sure how long that will take. So I thought maybe if I waited for the WEEK I have to wait for me to get her I could file from my state.

CPS has been notified but even that doesn't start an investigation right away.
 

Silverplum

Senior Member
I am not "okay" with her being in a bad place at all, which is why I am seeking legal advice so that I don't ruin any chances of gaining custody of her. My plan isn't to snatch her but I know if I file before I get her that he will keep her from me until the judge orders otherwise and I am not sure how long that will take. So I thought maybe if I waited for the WEEK I have to wait for me to get her I could file from my state.

CPS has been notified but even that doesn't start an investigation right away.
So what is the mistreatment, exactly?
 

KatieAnne713

Junior Member
You would have to file for custody in VA, and unless the VA judge gives you temporary custody pending the outcome of the case, you would HAVE to return the child to the other parent at the end of your summer visit. You could not afford not to as not returning her would basically kill any chance you had of winning custody.

How is your child being mistreated? Is CPS involved?
The GF of her father has been putting her hands on her, not hitting but grabbing/yanking and pushing.. to the point that she has left bruises on her. She has been grounded for almost six months straight and she is only eight. Not for anything serious.. EX. The water bill went up so they grounded her. If she doesnt call the GF "mom" she gets grounded. They go out as a family (him, gf, and there son) all the time and she is left with his mom. She is terrified to talk to her dad and has been extremely upset every time I talk to her. I am not just believing everything a eight year old tells me.. his mother has confided in me as she is very worried.

She just recently told her teacher and counselor so I am not sure if CPS is involved yet. I know they are required to report it, but not sure how to go about finding out if they have. She asked them not to tell her dad for she was scared that she would get beaten.
 

stealth2

Under the Radar Member
The GF of her father has been putting her hands on her, not hitting but grabbing/yanking and pushing.. to the point that she has left bruises on her. She has been grounded for almost six months straight and she is only eight. Not for anything serious.. EX. The water bill went up so they grounded her. If she doesnt call the GF "mom" she gets grounded. They go out as a family (him, gf, and there son) all the time and she is left with his mom. She is terrified to talk to her dad and has been extremely upset every time I talk to her. I am not just believing everything a eight year old tells me.. his mother has confided in me as she is very worried.

She just recently told her teacher and counselor so I am not sure if CPS is involved yet. I know they are required to report it, but not sure how to go about finding out if they have. She asked them not to tell her dad for she was scared that she would get beaten.
And your proof of this is.... ?
 

LdiJ

Senior Member
The GF of her father has been putting her hands on her, not hitting but grabbing/yanking and pushing.. to the point that she has left bruises on her. She has been grounded for almost six months straight and she is only eight. Not for anything serious.. EX. The water bill went up so they grounded her. If she doesnt call the GF "mom" she gets grounded. They go out as a family (him, gf, and there son) all the time and she is left with his mom. She is terrified to talk to her dad and has been extremely upset every time I talk to her. I am not just believing everything a eight year old tells me.. his mother has confided in me as she is very worried.

She just recently told her teacher and counselor so I am not sure if CPS is involved yet. I know they are required to report it, but not sure how to go about finding out if they have. She asked them not to tell her dad for she was scared that she would get beaten.
Would grandma testify on your behalf in court?
 

KatieAnne713

Junior Member
And your proof of this is.... ?
What my daughter has told me, what his mother has told me (they live with her), and what my daughter has told her school. So I don't have much for proof. Would taking her to a counselor while she is here help me in anyway? How would I even go about getting proof?
 

Silverplum

Senior Member
What my daughter has told me, what his mother has told me (they live with her), and what my daughter has told her school. So I don't have much for proof. Would taking her to a counselor while she is here help me in anyway? How would I even go about getting proof?
I'm going to ass-ume that you have joint legal custody -- in which case, you'd need Dad's approval to take her to counseling.
 

KatieAnne713

Junior Member
On MOM'S behalf??

Oh, you mean on the CHILD'S behalf. It just benefits Mom.

Poster, Grandma can testify to what she saw. DID she see anything, live and in person?

I don't know if his mother would testify on behalf of my daughter. She has seen and heard everything.
 

LdiJ

Senior Member
On MOM'S behalf??

Oh, you mean on the CHILD'S behalf. It just benefits Mom.

Poster, Grandma can testify to what she saw. DID she see anything, live and in person?
The custody case has two parties, mom and dad. The child is not a party to the case. Grandma cannot testify on the child's behalf in a custody case. A GAL could do that, but not grandma.
 

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