mom2joanddee
Junior Member
What is the name of your state (only U.S. law)? Oklahoma
Okay, let me see if I can get this all out to make sense....
My daughters father (my ex husband) and I got divorced in 2006, I never hired an attorney, but we had a Joint Custody Plan that named him as the primary physical custodian and me as the secondary physical custodian. It was very in favor of 50/50 everything....school decisions, visitation, religious decisions, so on and so forth. This worked well for a while...I had her enrolled in a Pre-K program that was centralized so that both parents would be able to pick her up and take her to school. She was primarily with me for the entire school year, her father picked her up for her 1st school night stay with him in March. He works in a town that is about 1.5 hours from where we live, he moved up here with his fiancee in March. So it came to be that she would be with him when he was off work (he works 4 days on, 3 days off, 12 hour days and when he works he stays in the other town) and with me when he was at work.
He started getting kind of ugly, calling the day he wanted her and saying "Im going to pick her up today" and I would ask him for more notice than that next time. Then out of the blue, he went and enrolled her in the same school that his fiancees kid is enrolled at for Summer school. I kept calling him and asking for the name of the school and he was never able to tell me the name (I am assuming that he let his fiancee handle all the enrollment) three days before Summer School was due to start, I was finally given the name of the school, I pulled it up on crime tracker and on the sexual offender list, and this area of town is swarming with both criminals and registered sex offenders, I also found out that they do not have an outdoor playground and they transport ALL of the children to a different school to eat lunch because they do not have facilities on site. He also stated that he wants her to skip kindergarten and go straight to 1st grade because his fiancees kid is younger than ours and she is going in to kindergarten. I made it known I didn't like ANY of this.
He had slowly been trying to muscle me out, I called on Wednesday before MY weekend just to confirm I would be picking her up from school on Friday and was told, "no, we are going out of town." I asked if he was going to let me know at any point, and he said "why do I have to tell you anything" So, I dropped it knowing that I would be picking her up on Tuesday.
I picked her up on Tuesday and we went about our business, until Friday morning 6/20. Friday morning he called and said he would be picking her up from school that day. I said "no, I just got her, it isn't time." He said "well, I am picking her up." so we went back and forth on that and got into an argument, he showed up as I was putting her in the car to go to school and he took her, screaming and crying for me, and he drove away.
On Monday, he had me served with a petition for a protective order, saying that I threatened to kidnap her and not let him see her anymore (not true.) My court date was 6/30 we both showed up and the petition was dropped.
He is still not letting me see her and I can not afford an attorney retainer right now. I just want to see my baby. She keeps asking me on the phone when I can come get her and I just don't know what to do. He has stated that he wants custody with her having visitation with me on the weekend, I want 50/50 custody just like we agreed too. Right now, he is away at his job and our child is at home with his fiancee, who I dont even know!
Is there anything that I can do to just be able to see her. I will worry about the custody modification and all that later, I just wanna see my girl!!
Please please help, my heart is broken.
Okay, let me see if I can get this all out to make sense....
My daughters father (my ex husband) and I got divorced in 2006, I never hired an attorney, but we had a Joint Custody Plan that named him as the primary physical custodian and me as the secondary physical custodian. It was very in favor of 50/50 everything....school decisions, visitation, religious decisions, so on and so forth. This worked well for a while...I had her enrolled in a Pre-K program that was centralized so that both parents would be able to pick her up and take her to school. She was primarily with me for the entire school year, her father picked her up for her 1st school night stay with him in March. He works in a town that is about 1.5 hours from where we live, he moved up here with his fiancee in March. So it came to be that she would be with him when he was off work (he works 4 days on, 3 days off, 12 hour days and when he works he stays in the other town) and with me when he was at work.
He started getting kind of ugly, calling the day he wanted her and saying "Im going to pick her up today" and I would ask him for more notice than that next time. Then out of the blue, he went and enrolled her in the same school that his fiancees kid is enrolled at for Summer school. I kept calling him and asking for the name of the school and he was never able to tell me the name (I am assuming that he let his fiancee handle all the enrollment) three days before Summer School was due to start, I was finally given the name of the school, I pulled it up on crime tracker and on the sexual offender list, and this area of town is swarming with both criminals and registered sex offenders, I also found out that they do not have an outdoor playground and they transport ALL of the children to a different school to eat lunch because they do not have facilities on site. He also stated that he wants her to skip kindergarten and go straight to 1st grade because his fiancees kid is younger than ours and she is going in to kindergarten. I made it known I didn't like ANY of this.
He had slowly been trying to muscle me out, I called on Wednesday before MY weekend just to confirm I would be picking her up from school on Friday and was told, "no, we are going out of town." I asked if he was going to let me know at any point, and he said "why do I have to tell you anything" So, I dropped it knowing that I would be picking her up on Tuesday.
I picked her up on Tuesday and we went about our business, until Friday morning 6/20. Friday morning he called and said he would be picking her up from school that day. I said "no, I just got her, it isn't time." He said "well, I am picking her up." so we went back and forth on that and got into an argument, he showed up as I was putting her in the car to go to school and he took her, screaming and crying for me, and he drove away.
On Monday, he had me served with a petition for a protective order, saying that I threatened to kidnap her and not let him see her anymore (not true.) My court date was 6/30 we both showed up and the petition was dropped.
He is still not letting me see her and I can not afford an attorney retainer right now. I just want to see my baby. She keeps asking me on the phone when I can come get her and I just don't know what to do. He has stated that he wants custody with her having visitation with me on the weekend, I want 50/50 custody just like we agreed too. Right now, he is away at his job and our child is at home with his fiancee, who I dont even know!
Is there anything that I can do to just be able to see her. I will worry about the custody modification and all that later, I just wanna see my girl!!
Please please help, my heart is broken.