got visitation!

[*dying_inside*]

Well we have been busy...moving from Fla. to California. All moved in now.

Court date on July 13....judge gave me 2 weeks visitation with my daughter (13 1/2)and to continue the custody case to August 10. Now, I am 35 weeks pregnant, with a due date of August 24. We are cutting things real close here! My daughter is coming this Saturday and I can hardly stand it, I'm so excited.

A couple of questions: HOW much credence will the judge give my daughters testimony as to who she wants to live with? (to refresh your memory...my ex kidnapped my daughter and I haven't seen her for 3 years)

My ex and his wife (mostly his wife....he is a spineless wimp) told my parents that they were cutting off all contact with my daughters mother's (me) side of the family due to problems. Yea, the problem is that they are keeping her prisoner and not allowing her to express her true self, and when she is in contact with us, we give her courage to not have to put up with this.

HOW can I make the judge see that my ex has tried to prevent my daughter having a relationship with me for 3 years? She was never allowed to call me in 3 years.....he started telling me that she didn't want to talk to me, and I finally was able to pay a retainer to an attorney to put a stop to this nonsense. My attorney doesn't seem aggressive enough....I not only want custody, but I want my ex to have to pay attorneys fees, because if he had not pulled all this crap, I would not have had to hire an attorney just to be able to SEE my daughter...

Any advice???

 

[usdeeper]

Whilst I never believe putting children on the stand is a good thing.. in this case it will be important. At over 13 years old, the judge will take her testimony and listen to her side of the story. The fact that your ex 'kidnapped' your child is a serious offense. Was there a police report made ?.

At this stage it, might not be wise to change attornies.. but this is such an important court date that if it was me, I would drop the attorney in a heart beat if I thought for one moment that they was not going to go all out to get my child back.

I presume the court date is for custody ?

 

[KarenSmith]

I'm So Glad for you, and your persistence. I'm Happy for you that your resources were capable of handeling such an expense- How's your daughter feeling about it? I just find it incredible that this kind of thing just continues to go on, with all the "law".
post. KPS

 

[*dying_inside*]

As far as the kidnapping goes, to make a long story short, my daughter was visiting her paternal grandmother for the summer. I moved to Florida, and was going to send for her at the end of the summer. I found out her dad had come and taken her, and was not going to give her back. I was poor from moving, and didn't have a job yet. I didn't know what to do. By the time I was told to call the police about it, my ex had already gotten a temporary order for custody. I could not afford to attend the hearing, but I did file a response. He got everything he wanted by default. I have recently learned that he told the court that I abandoned my daughter and took off to Florida without anyone knowing. That is so untrue, but at this date, nothing can be done about that. I don't think. I guess I would have to prove it?

Yes, the court date is for custody. I just was wondering how much weight my daughters feelings will have, because she has always wanted to be with me, but ex and his wife kept her from me. I won't know exactly how my daughter feels until I see her this Saturday, but I am almost certain that she is very angry at her father for all the stuff he has done to her. He will lose in the end, no doubt. I have found it incredulous now for 3 years.....but if you're stupid enough to take a chance on losing your child just to get back at your ex....I guess you can sometimes get what you want. Me....I won't take any chances. I must tell the truth and follow the law because I know in the end I will win. Or, I should say, what is right will prevail.