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Custody of my daughter

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What is the name of your state (only U.S. law)? Arkansas

My daughter is 2 years old and turns 3 November 18, 2011. My mother tricked me into temporary custody last year. Before I had full custody and her father had visitation. After that I moved with my then boyfriend to Las Vegas for a job. I was saving up money so I could try for custody back. I was only gone for 2 months. Now I'm a full time mommy. I know I can't make it up for being gone, but I'm trying. I have a babysitting job while I'm living with my parents. Now I am getting married the end of this month to a marine. After we get married he is going to apply for on base housing at Camp Pendleton in California. I need to get custody of my daughter. My mom said she wouldn't sign back over custody unless I stayed in the state of Arkansas. What is the probability of me getting custody from her after I'm married and he has a house and vehicle waiting for us in California? I also need to take her father to court to get something worked out there. I don't know how to go about this. I'm saving money for a lawyer and a custody battle because I'm sure there is gonna be one! Her father is supposed to see her everyweekend and she is supposed to stay the night with him saturday and sunday. But he see's her once or twice a month. He is remarried and expecting another child of his own and is living with his wife, grandmother, twin brother, his wife and their 3 kids in a small house. The only reason I'm not living on my own is because my mother has custody and I want to be with my little girl all the time! Can anybody give me any pointers??:confused:
 


Proserpina

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

My daughter is 2 years old and turns 3 November 18, 2011. My mother tricked me into temporary custody last year. Before I had full custody and her father had visitation. After that I moved with my then boyfriend to Las Vegas for a job. I was saving up money so I could try for custody back. I was only gone for 2 months. Now I'm a full time mommy. I know I can't make it up for being gone, but I'm trying. I have a babysitting job while I'm living with my parents. Now I am getting married the end of this month to a marine. After we get married he is going to apply for on base housing at Camp Pendleton in California. I need to get custody of my daughter. My mom said she wouldn't sign back over custody unless I stayed in the state of Arkansas. What is the probability of me getting custody from her after I'm married and he has a house and vehicle waiting for us in California? I also need to take her father to court to get something worked out there. I don't know how to go about this. I'm saving money for a lawyer and a custody battle because I'm sure there is gonna be one! Her father is supposed to see her everyweekend and she is supposed to stay the night with him saturday and sunday. But he see's her once or twice a month. He is remarried and expecting another child of his own and is living with his wife, grandmother, twin brother, his wife and their 3 kids in a small house. The only reason I'm not living on my own is because my mother has custody and I want to be with my little girl all the time! Can anybody give me any pointers??:confused:

Why exactly does your Mom have custody?

Was it done through the courts?

If so, what EXACTLY do your custody orders say?
 
Well, My mom thought my then boyfriend was trouble. She told me my little girls dad was trying to get full custody and that her lawyer said the only way we could keep her is if I signed over temporary guardianship to her and my father. She said because I didn't have a job or vehicle or house of my own then I didn't have a chance of keeping her. I later found out none of this was true. He wasn't trying to get custody. It was never done through court. She just one day brought me papers, told me this story, then we went to sign the papers. My little girls dad had to sign it as well. I don't have the papers right in front of me now, but they do say that my parents are the temporary guardians of my little girl. I couldn't find anything on them that said when the time ran up. I guess it's just until she signs her back over.
 

Isis1

Senior Member
Well, My mom thought my then boyfriend was trouble. She told me my little girls dad was trying to get full custody and that her lawyer said the only way we could keep her is if I signed over temporary guardianship to her and my father. She said because I didn't have a job or vehicle or house of my own then I didn't have a chance of keeping her. I later found out none of this was true. He wasn't trying to get custody. It was never done through court. She just one day brought me papers, told me this story, then we went to sign the papers. My little girls dad had to sign it as well. I don't have the papers right in front of me now, but they do say that my parents are the temporary guardians of my little girl. I couldn't find anything on them that said when the time ran up. I guess it's just until she signs her back over.
Was this document filed with the court and SIGNED by a judge? Was it custody? Or guardianship? They are different legal matters.
 

Proserpina

Senior Member
Well, My mom thought my then boyfriend was trouble. She told me my little girls dad was trying to get full custody and that her lawyer said the only way we could keep her is if I signed over temporary guardianship to her and my father. She said because I didn't have a job or vehicle or house of my own then I didn't have a chance of keeping her. I later found out none of this was true. He wasn't trying to get custody. It was never done through court. She just one day brought me papers, told me this story, then we went to sign the papers. My little girls dad had to sign it as well. I don't have the papers right in front of me now, but they do say that my parents are the temporary guardians of my little girl. I couldn't find anything on them that said when the time ran up. I guess it's just until she signs her back over.



Come back when you find out whether or not this is an actual court order, and what it says.
 

stealth2

Under the Radar Member
Docket number is usually associated with the court. I suspect it may be more official than you first indicated. Honestly - you need to at least consult with an attorney (many will provide a free consultation - ask when you call) so that you know what you're dealing with.

But I wouldn't plan on moving out of state just yet. Given that Dad IS involved (two w/e's a month is pretty standard, so he's not going to get dinged for that), you may have trouble getting court permission to move the child out of state. Especially if there is a perception of instability.
 
Well with the fathers case, he is supposed to see her everyweek. All that was set up in court before, but I keep track of how little he see's her because I figured that would be a plus for me in court. Will it help any that my soon to be husband is in the military? As of now my daughter and myself have no insurance, and once I get married I will have free housing with him and free medical. How much money should I look at spending for taking him to court?
 

Just Blue

Senior Member
Well with the fathers case, he is supposed to see her everyweek. All that was set up in court before, but I keep track of how little he see's her because I figured that would be a plus for me in court. Will it help any that my soon to be husband is in the military? As of now my daughter and myself have no insurance, and once I get married I will have free housing with him and free medical. How much money should I look at spending for taking him to court?
You have had a year to improve yourself/circumstances. Why haven't you? Why do you want a legal stranger to support/provide medical, dental and housing for YOUR child? Why should the child be removed from all s/he knows and values so that you can get a free ride??

:confused:
 
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