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How can I get custody of my daughter from her father??

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hopeful24

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

Recently my daughters father took me to court to get custody of our daughter. He was given temporary custody until we decide to go to court. The reasons for the court giving him custody is that I have a felony DUI from 5 years ago. Nobody was injured or anything like that. Also, I had panic attacks for around 6 months. I'm not totally sure of why I was having the panic attacks, but my father had cancer for the 2nd time in 2 years and was at home on hospice with me as his primary caregiver. I associate my anxiety and panic attacks with dealing with the stress of his disease and his death. I no longer have the panic attacks(nor did I have them when we went to court) and I have not had a single incident with the police since I was 19. I am now 25. I also do not have too great of a job, but I live in a very upstanding neighborhood with my fiance and my son. My daughter has her own bedroom. Her father lives in California, in a one bedroom apt. which he lied about in court and said she has her own bedroom. She goes to daycare every day while he is at work. And he also drives a corvette convertible where she has to ride in the front seat. Apparently it is legal in California for a child to ride in the front seat, but in my opinion is not safe none the less. I along with everybody else knows the real reason he is trying to take her from me is just to be vindictive because he doesn't like my fiance. Obviously, I can't bring that into court. My question is, what can I do to get her back when the reasons for not getting temporary custody(my felony and panic attacks) are things that I cannot change. My lawyer is wanting me to just give in and give him full custody. I am not going to do that. I feel like I am stuck between a rock and a hard place.
 


CuriousGeorge68

Junior Member
Reply - How can I get custody of my daughter from her father??

Perhaps it is time to get a new lawyer or at least consult another lawyer?

Based on the information you gave, I don't understand why the judge would have given the father temporary custody. It seems to me, some information is missing. For example - did the father show that he was the "primary caregiver"? Who took care of your daughter most of the time before the temporary orders were filed by the court? WHo bathed her? Fed her? Took her to school and the doctor? Did your daughter spend most of her time with the dad? If he showed that he was the primary caregiver, that is the reason he got temporary custody.

Sorry to say... but temporary custody is usually permanent. Once a status quo is set, a judge is not going to change it easily.

It is difficult to "prove" vindictive in court and even if you do, you have to prove that it impacts the child before you have a chance of winning custody back. Judges know that ex's don't like each other. Comes with the territory.
 

Just Blue

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

Recently my daughters father took me to court to get custody of our daughter. He was given temporary custody until we decide to go to court. The reasons for the court giving him custody is that I have a felony DUI from 5 years ago. Nobody was injured or anything like that. Also, I had panic attacks for around 6 months. I'm not totally sure of why I was having the panic attacks, but my father had cancer for the 2nd time in 2 years and was at home on hospice with me as his primary caregiver. I associate my anxiety and panic attacks with dealing with the stress of his disease and his death. I no longer have the panic attacks(nor did I have them when we went to court) and I have not had a single incident with the police since I was 19. I am now 25. I also do not have too great of a job, but I live in a very upstanding neighborhood with my fiance and my son. My daughter has her own bedroom. Her father lives in California, in a one bedroom apt. which he lied about in court and said she has her own bedroom. She goes to daycare every day while he is at work. And he also drives a corvette convertible where she has to ride in the front seat. Apparently it is legal in California for a child to ride in the front seat, but in my opinion is not safe none the less. I along with everybody else knows the real reason he is trying to take her from me is just to be vindictive because he doesn't like my fiance. Obviously, I can't bring that into court. My question is, what can I do to get her back when the reasons for not getting temporary custody(my felony and panic attacks) are things that I cannot change. My lawyer is wanting me to just give in and give him full custody. I am not going to do that. I feel like I am stuck between a rock and a hard place.
Did you move to Mississippi after you and the ex broke up?
 

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