dad in jail, his mom wants visits

[VSPhilips]

What is the name of your state? New York

I'll try to make a 5 year old story short... Dad had custody of our little girl for almost 5 years (she is 5 1/2). I was just awarded FULL custody because he is on trial for murder and multiple gun possession charges. I didn't find out about that until 3 months after the fact he was arrested. I was doing my normal court order visitation and his mother nor sister ever told me. My daughter is the one who told me she stopped seeing her dad. When I brought this up in court they did nothing at first. Months later the law guardian appointed to my daughter ran a check on her father and that's how we found out he was in jail and what for.

Now that I have custody his mother is taking me to court for visitation. Her son in his criminal case was just found incompetent. For some reason his case has some bearing in this case because he is a party named. I don't know what that has to do with anything but his sanity was mentioned. I am fearful of his mother allowing my daughter to speak to her dad while he is in jail. He is crazy and the few times I allowed for him to talk to our child he spoke of being a CIA Agent, he'll be home soon and she won't stay with me anymore. Him and his family are not Americans. I fear his mother is a flight risk. Even the law guardian was fearful of that. When we first found out he was in jail I had one more visitation before my next court date and I was instructed by the law guardian not to say anything about knowing to his family for the same fear of them taking off and hiding. I don't know what the laws are for kidnapping across seas, but I know I don't want to find out the hard way.

I have been fighting for 5 years with him and his family. I just want to spend some normal time with my daughter and know that she is safe. I want things to cool down and let my daughter get the chance to adjust to all the changes. I don't want my daughter going back to her fathers house (which is where his mother lives) because the cops found 5 or more guns in the house, 3 were loaded, a journal where her father talks about killing the guy he did and the gun used in the murder. I don't feel his mother is stable right now to visit with my daughter. I know it might sound like I'm being selfish but there is so much more that I could tell you to make you feel the threat is real!!!

One more thing. I have not been properly served court papers about this visitation case. The fist time they attempted, the papers were left at my door. The judge say it has to be personal service and adjourned the case. The second time a process server went to my parents house and attempted to serve me there but served my mother. Now my mother and I look alike but not that a like. When I went into court they had a signed affidavit from the process server stating that he served me personally when he didn't. The judge got pissed at me because I'm fighting the service again even though there is a signed and notarized affidavit. The judge said that I now have to goto a traverse hearing about the service. If I loose this hearing I might have to pay the other lawyers fees. I was on the phone with my mother when the guy went to their house. I have my phone bill to prove that. but don't know how else to prove that I was not there. My dad and little sister were also home when this happened. How can I prove my case???

[acmb05]

Originally Posted by VSPhilips

What is the name of your state? New York

I'll try to make a 5 year old story short... Dad had custody of our little girl for almost 5 years (she is 5 1/2). I was just awarded FULL custody because he is on trial for murder and multiple gun possession charges. I didn't find out about that until 3 months after the fact he was arrested. I was doing my normal court order visitation and his mother nor sister ever told me. My daughter is the one who told me she stopped seeing her dad. When I brought this up in court they did nothing at first. Months later the law guardian appointed to my daughter ran a check on her father and that's how we found out he was in jail and what for.

Now that I have custody his mother is taking me to court for visitation. Her son in his criminal case was just found incompetent. For some reason his case has some bearing in this case because he is a party named. I don't know what that has to do with anything but his sanity was mentioned. I am fearful of his mother allowing my daughter to speak to her dad while he is in jail. He is crazy and the few times I allowed for him to talk to our child he spoke of being a CIA Agent, he'll be home soon and she won't stay with me anymore. Him and his family are not Americans. I fear his mother is a flight risk. Even the law guardian was fearful of that. When we first found out he was in jail I had one more visitation before my next court date and I was instructed by the law guardian not to say anything about knowing to his family for the same fear of them taking off and hiding. I don't know what the laws are for kidnapping across seas, but I know I don't want to find out the hard way.

I have been fighting for 5 years with him and his family. I just want to spend some normal time with my daughter and know that she is safe. I want things to cool down and let my daughter get the chance to adjust to all the changes. I don't want my daughter going back to her fathers house (which is where his mother lives) because the cops found 5 or more guns in the house, 3 were loaded, a journal where her father talks about killing the guy he did and the gun used in the murder. I don't feel his mother is stable right now to visit with my daughter. I know it might sound like I'm being selfish but there is so much more that I could tell you to make you feel the threat is real!!!

One more thing. I have not been properly served court papers about this visitation case. The fist time they attempted, the papers were left at my door. The judge say it has to be personal service and adjourned the case. The second time a process server went to my parents house and attempted to serve me there but served my mother. Now my mother and I look alike but not that a like. When I went into court they had a signed affidavit from the process server stating that he served me personally when he didn't. The judge got pissed at me because I'm fighting the service again even though there is a signed and notarized affidavit. The judge said that I now have to goto a traverse hearing about the service. If I loose this hearing I might have to pay the other lawyers fees. I was on the phone with my mother when the guy went to their house. I have my phone bill to prove that. but don't know how else to prove that I was not there. My dad and little sister were also home when this happened. How can I prove my case???

And why did your mother accept it instead of explaining that she was not you and that you were at your own home so that he could go there to serve you? Were you home the first time and just did not answer the door? Sounds to me like you are purposefully avoiding being served which is probably why the judge is a little miffed at you.

When he asked if you were there did your mother accept the papers and sign your name to them? This could also be looked at as you trying to avoid proper service.

[BL]

Originally Posted by VSPhilips

What is the name of your state? New York

I'll try to make a 5 year old story short... Dad had custody of our little girl for almost 5 years (she is 5 1/2). I was just awarded FULL custody because he is on trial for murder and multiple gun possession charges. I didn't find out about that until 3 months after the fact he was arrested. I was doing my normal court order visitation and his mother nor sister ever told me. My daughter is the one who told me she stopped seeing her dad. When I brought this up in court they did nothing at first. Months later the law guardian appointed to my daughter ran a check on her father and that's how we found out he was in jail and what for.

Now that I have custody his mother is taking me to court for visitation. Her son in his criminal case was just found incompetent. For some reason his case has some bearing in this case because he is a party named. I don't know what that has to do with anything but his sanity was mentioned. I am fearful of his mother allowing my daughter to speak to her dad while he is in jail. He is crazy and the few times I allowed for him to talk to our child he spoke of being a CIA Agent, he'll be home soon and she won't stay with me anymore. Him and his family are not Americans. I fear his mother is a flight risk. Even the law guardian was fearful of that. When we first found out he was in jail I had one more visitation before my next court date and I was instructed by the law guardian not to say anything about knowing to his family for the same fear of them taking off and hiding. I don't know what the laws are for kidnapping across seas, but I know I don't want to find out the hard way.

I have been fighting for 5 years with him and his family. I just want to spend some normal time with my daughter and know that she is safe. I want things to cool down and let my daughter get the chance to adjust to all the changes. I don't want my daughter going back to her fathers house (which is where his mother lives) because the cops found 5 or more guns in the house, 3 were loaded, a journal where her father talks about killing the guy he did and the gun used in the murder. I don't feel his mother is stable right now to visit with my daughter. I know it might sound like I'm being selfish but there is so much more that I could tell you to make you feel the threat is real!!!

One more thing. I have not been properly served court papers about this visitation case. The fist time they attempted, the papers were left at my door. The judge say it has to be personal service and adjourned the case. The second time a process server went to my parents house and attempted to serve me there but served my mother. Now my mother and I look alike but not that a like. When I went into court they had a signed affidavit from the process server stating that he served me personally when he didn't. The judge got pissed at me because I'm fighting the service again even though there is a signed and notarized affidavit. The judge said that I now have to goto a traverse hearing about the service. If I loose this hearing I might have to pay the other lawyers fees. I was on the phone with my mother when the guy went to their house. I have my phone bill to prove that. but don't know how else to prove that I was not there. My dad and little sister were also home when this happened. How can I prove my case???

If you were elsewhere and can prove it , do so with Tel. records .

Why didn't you just get on with the case ?

The Father and grandparents Petitions would be separated .

So what the father is incompetent to stand trial ?

Is He out on bail ?

Since you have court ordered custody , it would be kidnapping if they snatched the child .

The Judge would lean toward your side , why are you fighting this ?