my ex is hiding and brainwashing my daughter

[adinicholson]

I am in north Louisiana.

I have filed for custody of my 11 year old daughter (there has never been a custody order issued and as my ex's behavior has changed lately, I feel it is best for her to only visit him and live primarly with me) and upon finding out, her father has been witholding her and hiding her from me in other cities with other people.

I have not seen her in over a month. What can I legally do about this? He has also been telling her things that are untrue about me and telling her that if i get her again, I will never let her see him again. Our court date is not until September and I don't want to go that long without seeing my daughter. How will this action of his effect our custody hearing?

He allows me to talk to her on the phone about once a week and she is so disrespectful and mean to me and I know I have done nothing to her to cause this behavior and when I try to correct her behavior, she just gets off of the phone. She always calls from his cell phone or from a witheld number. How can I get his brainwashing stopped and does anyone know where I can get her & I help, therapy or counceling to mend our relationship?

 

[penelope10]

I am in north Louisiana.

I have filed for custody of my 11 year old daughter (there has never been a custody order issued and as my ex's behavior has changed lately, I feel it is best for her to only visit him and live primarly with me) and upon finding out, her father has been witholding her and hiding her from me in other cities with other people.

I have not seen her in over a month. What can I legally do about this? He has also been telling her things that are untrue about me and telling her that if i get her again, I will never let her see him again. Our court date is not until September and I don't want to go that long without seeing my daughter. How will this action of his effect our custody hearing?

He allows me to talk to her on the phone about once a week and she is so disrespectful and mean to me and I know I have done nothing to her to cause this behavior and when I try to correct her behavior, she just gets off of the phone. She always calls from his cell phone or from a witheld number. How can I get his brainwashing stopped and does anyone know where I can get her & I help, therapy or counceling to mend our relationship?

Has paternity legally been established? If Dad has no legal rights (paternity has not been established) call the police and have the child brought home.

 

[adinicholson]

paternity has been established

Although we were never married, I put his name on the birth certificate and he has been a big part of her life for the last 12 years and has accepted that she is his daughter since her birth.

 

[adinicholson]

sorry, minor correction. She turned 12 this past Saturday. It is difficult getting used to saying, "12 year old".

 

[2Mistakes]

Although we were never married, I put his name on the birth certificate and he has been a big part of her life for the last 12 years and has accepted that she is his daughter since her birth.

You could have put Bill Gates name on the birth certificate. Doesn't mean anything.

Did dad sign anything at the hospital (AOP)? Has a DNA test been done?

Have ya'll been to court to establish custody? Visitation?

 

[CourtClerk]

You could have put Bill Gates name on the birth certificate. Doesn't mean anything.

That's not necessarily true. Generally, in many states when the parties are not married, (CA being the last to follow suit), in order to name ANY man on the birth certificate, he must sign an AOP. Otherwise, your child's father's name will be ------------------------ or unknown.

 

[2Mistakes]

That's not necessarily true. Generally, in many states (CA being the last to follow suit), in order to name ANY man on the birth certificate, he must sign an AOP. Otherwise, your child's name will be ------------------------ or unknown.

LA (OP's state), to the best of my knowledge does not do it that way. At least they didn't 4 years ago.

I have a daughter in LA. I had a brief relationship with a woman who lived in LA. We broke up.

18 months later (when my daughter that I didn't even know existed was 9 months old) I was served with a CS petition. That was how I found out about my daughter. My name was on her birth certificate, and I definately didn't sign an AOP.

I was able to petition the court for a DNA test. But my name was on her BC from birth.

 

[CourtClerk]

LA (OP's state), to the best of my knowledge does not do it that way. At least they didn't 4 years ago.

I have a daughter in LA. I had a brief relationship with a woman who lived in LA. We broke up.

18 months later (when my daughter that I didn't even know existed was 9 months old) I was served with a CS petition. That was how I found out about my daughter. My name was on her birth certificate, and I definately didn't sign an AOP.

I was able to petition the court for a DNA test. But my name was on her BC from birth.

Don't know how long ago the statute changed, but this is LA state specific information:

Child Born Outside of Marriage: If the child is born outside of marriage and unacknowledged at birth as provided in Civil Code Article 180, the child’s name must be recorded as the mother’s maiden name and the father’s information must be left blank, except:

a.) An Acknowledgment of Paternity affidavit executed by the mother and the biological father will suffice to add paternity information. The surname of the child may be changed to the surname of the biological father if the mother agrees or, if both the mother and the biological father agree, the surname of the child may be the mother’s maiden name, or a combination of the surname of the mother and the surname of the biological father, in either order [R.S. 40:34B.(1)(a)(iv)],

b.) The biological father is documented as the father of the child on the birth record if a certified copy of a DNA test documenting him as the biological father is submitted in accordance with Legislative Act 1251. The surname of the child will remain as the mother’s maiden name.

 

[2Mistakes]

Don't know how long ago the statute changed, but this is LA state specific information:

Damn, I wonder if that statute was in effect 4 years ago?

When I was served with the CS petition, a copy of my daughter's BC was included in the filing, so I do know that my name was listed as father from birth.

Either someone dropped the ball and let her put my name when they shouldn't have, or the statute changed between when my daughter was born and now.

Thanks, CC.

 

[adinicholson]

He was present at her birth and signed all necessary forms. He is legally and biologically her father. What can I legally do about the origional situation?

 

[adinicholson]

Does anyone have any ideas or comments regarding my problem?

 

[LdiJ]

Does anyone have any ideas or comments regarding my problem?

You can't get her back without a judge's order. I don't see how you can get one without waiting for your hearing. Do you have an attorney?

 

[adinicholson]

Yes I do have a lawyer. I have filed for custody. But, I am curious also about how me not seeing her for three months will effect the judges decision. I guess what I am wondering is if the judge will look favorably towards him because he will have had her to himself for such a period of time or if the judge will see that I could not see her against my will and look favorably towards me.

 

[LdiJ]

Yes I do have a lawyer. I have filed for custody. But, I am curious also about how me not seeing her for three months will effect the judges decision. I guess what I am wondering is if the judge will look favorably towards him because he will have had her to himself for such a period of time or if the judge will see that I could not see her against my will and look favorably towards me.

If your attorney makes it clear that he was hiding the child from you then the judge will not be impressed with dad at all. However, beyond that I don't think that anyone can predict what will happen.

 

[adinicholson]

Alright then. I appreciate it.