my ex is hiding and brainwashing my daughter

[acmb05]

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?

Could she file for an emergency hearing to have the child returned to the jurisdiction of the court?

 

[acmb05]

Also since they were never married wouldn't she automatically have custody until a judge rules otherwise?

 

[LdiJ]

Could she file for an emergency hearing to have the child returned to the jurisdiction of the court?

Perhaps, if the child is out of state, and we don't know that.

 

[LdiJ]

Also since they were never married wouldn't she automatically have custody until a judge rules otherwise?

Yes, but its not necessarily enforceable....particularly since she isn't even sure where the child is....she really needs the courts help.

 

[adinicholson]

I have recorded all of our conversations. ALL of them. In those conversations, there are slips that have almost lead me to where she is, also in those conversations, he has stated that I will never see her again unless a judge tells him he has to let me see her. Also, he says he is confident, because his money grubbing lawyer has told him so, that as she will have been solely in his custody for so long, the judge will give him domicilary custody. My lawyer has said that that is highly unlikely unless we get a judge that was bitter towards women and all for the father.

According to my daughter and my ex, he is allowing my daughter to work at a daycare in another town and she is living with one of the daycare workers while she is working there. She is working from 7:30 in the morning until 6:00 in the evening. It is not legal for a child of 12 years of age to work in the state of La. so I reported it to child welfare with his name and address but all they did was tell him she couldn't work there anymore. I also reported it to the labor board but have heard nothing back from that.

I feel like my concerns are going to be looked at as trival because child welfare did nothing but make her quit. I really don't want to look bad in front of the judge.

P.S. in those recorded conversations, he told me that he has her somewhere that I won't be able to find her. That would be proof enough for my lawyer to present to the judge. Correct?

 

[acmb05]

Yes, but its not necessarily enforceable....particularly since she isn't even sure where the child is....she really needs the courts help.

Which is why I suggested an emergency hearing on the matter. They should have something giving temp custody to one parent or the other until the regular court date. Otherwise stuff like this happens.

 

[acmb05]

I have recorded all of our conversations. ALL of them. In those conversations, there are slips that have almost lead me to where she is, also in those conversations, he has stated that I will never see her again unless a judge tells him he has to let me see her. Also, he says he is confident, because his money grubbing lawyer has told him so, that as she will have been solely in his custody for so long, the judge will give him domicilary custody. My lawyer has said that that is highly unlikely unless we get a judge that was bitter towards women and all for the father.

According to my daughter and my ex, he is allowing my daughter to work at a daycare in another town and she is living with one of the daycare workers while she is working there. She is working from 7:30 in the morning until 6:00 in the evening. It is not legal for a child of 12 years of age to work in the state of La. so I reported it to child welfare with his name and address but all they did was tell him she couldn't work there anymore. I also reported it to the labor board but have heard nothing back from that.

I feel like my concerns are going to be looked at as trival because child welfare did nothing but make her quit. I really don't want to look bad in front of the judge.

P.S. in those recorded conversations, he told me that he has her somewhere that I won't be able to find her. That would be proof enough for my lawyer to present to the judge. Correct?

Maybe and maybe not. It is up to the Judge whether to allow it. Please tell me that neither party was on a cell phone when those calls were taped. It seems that some states are now allowing cell phone conversations to be taped. It did not used to be this way.

 

[adinicholson]

Yes the conversations were mostly on cell phones but my lawyer says they are admisable as evidence but I realize it is up to the judge to listen to them or not.

Is there a chance that the judge will give him domicilary custody of her since she has now been with him solely for so long?

 

[wileybunch]

Is there a chance that the judge will give him domicilary custody of her since she has now been with him solely for so long?

How long has she been with him? Under what circumstances did she go with him? When was she last with you? When did you expect her to return to you? When did you file in court for custody?

If Dad withheld her out of the blue with no real cause and you filed in due time and the time that's passing is simply waiting for your court date, then, no, Dad doesn't get to claim that as status quo to strong arm primary physical custody status (unless like your attorney said there's some bias or flaws in the judgment).

Has Dad responded? What does his answer claim for why he's keeping daughter? What claims is he making about you?

 

[adinicholson]

She has been with him since June 1, 08. During the summer, she goes to her dads for a week then comes back to me for a week and so on. We exchange her on Sundays at 6pm so she should have come home on June 8 at 6pm. I filed June 2, 08.

Her father tells her that I am trying to take her away from him and tells me that she does not want to see me anymore. He tells me that I am a bad mother, & that his wife is a much better mother for her. Of course, he has no explaination as to why I am a bad mother and his wife is so much better other than to say that I sleep all day and I don't feed her which is proveably untrue. He also states that he feels that if he gives her back to me, I will not let him get her back for his time.

It appears to me that he held her because I filed. I think he is scared of what a judge's determination may be. I think he is worried about possibly having to pay child support and not having a say in what she can and can't do. Of course, these are only my speculations.

In short...he has no good reason for holding her from me.

 

[acmb05]

She has been with him since June 1, 08. During the summer, she goes to her dads for a week then comes back to me for a week and so on. We exchange her on Sundays at 6pm so she should have come home on June 8 at 6pm. I filed June 2, 08.

Her father tells her that I am trying to take her away from him and tells me that she does not want to see me anymore. He tells me that I am a bad mother, & that his wife is a much better mother for her. Of course, he has no explaination as to why I am a bad mother and his wife is so much better other than to say that I sleep all day and I don't feed her which is proveably untrue. He also states that he feels that if he gives her back to me, I will not let him get her back for his time.

It appears to me that he held her because I filed. I think he is scared of what a judge's determination may be. I think he is worried about possibly having to pay child support and not having a say in what she can and can't do. Of course, these are only my speculations.

In short...he has no good reason for holding her from me.

Ok backup a minute. Why would he not have a say in what she can and can't do. He would still be her father. You are starting to sound rather controlling. For 12 years all was good but now all of a sudden dad should have no say so in her day to day life?

 

[acmb05]

She has been with him since June 1, 08. During the summer, she goes to her dads for a week then comes back to me for a week and so on. We exchange her on Sundays at 6pm so she should have come home on June 8 at 6pm. I filed June 2, 08.

Her father tells her that I am trying to take her away from him and tells me that she does not want to see me anymore. He tells me that I am a bad mother, & that his wife is a much better mother for her. Of course, he has no explaination as to why I am a bad mother and his wife is so much better other than to say that I sleep all day and I don't feed her which is proveably untrue. He also states that he feels that if he gives her back to me, I will not let him get her back for his time.

It appears to me that he held her because I filed. I think he is scared of what a judge's determination may be. I think he is worried about possibly having to pay child support and not having a say in what she can and can't do. Of course, these are only my speculations.

In short...he has no good reason for holding her from me.

And so far you have given no good reason why the courts should not keep things as they are. It has been working for 12 years so they will want to know what has recently changed to think it won't work any more.

 

[majomom1]

Wait a minute... she was due back on June 8, but you filed on June 2? What exactly did you file?

 

[acmb05]

Wait a minute... she was due back on June 8, but you filed on June 2? What exactly did you file?

See her original post. She does not think dad is capable of sustaining the same visitation arrangements that they have been following for the last 12 years. In other words she is trying to get some of his time with the child taken away from him

 

[majomom1]

See her original post. She does not think dad is capable of sustaining the same visitation arrangements that they have been following for the last 12 years. In other words she is trying to get some of his time with the child taken away from him

I got that. Still doesn't explain why she let the child go with him, then filed something the very next day... the kid wasn't due back until the 8th. What did she file?