What is the name of your state (only U.S. law)?
I used to live in Virginia, where I was tricked into signing over custody of my child when I signed my marriage separation papers. Because my wife's family had money and an expensive attorney, she threatened, in the presence of her attorney, that if I didn't sign my daughter over to her, I would never see her again. She said it was only temporary. I felt I had no choice but to sign the papers. The separation papers state that my estranged wife has sole legal custody of my child and I have visitation rights that are determined by my wife or her mother (It's ridiculous, I know). Of course, the amount of time I had when I was permitted to have contact with my child was limited and my wife would many times refuse to let me see my child.
Because of complications with multiple sclerosis, I was forced to move in with my mother 5 years ago in North Carolina (I am the one with MS and I still live in NC). Since then she has frequently forbid me to see my child or has prohibited me from talking to my child except on rare occasions. We have been separated for about 8 years. My wife recently moved unexpectedly to Florida and she expects me to move there also so I can see my child. I know it's a little late, but I recently discovered that I can appeal the original custody order. I am tired of playing her games and now I'm taking off the gloves. She is mentally unstable, frequently crying uncontrollably and telling me she's "losing it". And she has been dealing drugs out of her home and drinking heavily. I don't think there will be a problem convincing a judge she is unstable (her family is even willing to testify against her); but, sometimes it takes weeks or months for these things to come before a judge. And she's been talking about moving again (possibly in the next few days) so her boyfriend can find work. I feel like if I don't act now, I may not get another chance for a long time. She know if she moves she will disappear.
I have reported her for child abuse, but that doesn't necessarily mean anything.
OK, experts, tell me what to do. I have no idea
Recap - custody signed over 7 yrs ago with separation papers in Virginia, I live in North Carolina, my estranged wife and child now live in Florida
Added 6-03-10
The reason I posted was so that anyone could comment with factual knowledge of Virginia, Florida, and North Carolina state laws. They are all different.
Some have replied to this post, saying I can't appeal the order. Virginia law must be different in this regard than some other states. I have been told I can appeal the order by a Family Law attorney in Virginia and by their clerk of court. The Family Law Attorney from Virginia also said that, though he was willing to represent me, he probably didn't have to.
The reason why I feel I was tricked into signing the custody order was because my wife claimed, in the presence of her attorney and his staff, that it was a temporary order. Like a dummy, I thought that they couldn't legally allow this to happen of it was not true.
The proof I have that she is selling drugs and staying drunk is my wife's own family, who has agreed to testify against her on my child's behalf. They have witnessed what she has admitted to me herself. Even her boyfriends have told her how awful she has been acting. A few of them have agreed to help me any way they can. Since my original post I have reported her to Florida's version of CPS and she has, of course, cut off contact between me and my child.
Thanks for the advice, but when I said I was pulling off the gloves, I meant it. I'm coming at her from NC, VA, and FL. I met this girl in Bible College and she turned out to be the devil. She needs help. And, just so you know, I am not one of those losers who makes stuff up or plays dirty to get his way. I don't have to. The truth is more than enough for me.
I used to live in Virginia, where I was tricked into signing over custody of my child when I signed my marriage separation papers. Because my wife's family had money and an expensive attorney, she threatened, in the presence of her attorney, that if I didn't sign my daughter over to her, I would never see her again. She said it was only temporary. I felt I had no choice but to sign the papers. The separation papers state that my estranged wife has sole legal custody of my child and I have visitation rights that are determined by my wife or her mother (It's ridiculous, I know). Of course, the amount of time I had when I was permitted to have contact with my child was limited and my wife would many times refuse to let me see my child.
Because of complications with multiple sclerosis, I was forced to move in with my mother 5 years ago in North Carolina (I am the one with MS and I still live in NC). Since then she has frequently forbid me to see my child or has prohibited me from talking to my child except on rare occasions. We have been separated for about 8 years. My wife recently moved unexpectedly to Florida and she expects me to move there also so I can see my child. I know it's a little late, but I recently discovered that I can appeal the original custody order. I am tired of playing her games and now I'm taking off the gloves. She is mentally unstable, frequently crying uncontrollably and telling me she's "losing it". And she has been dealing drugs out of her home and drinking heavily. I don't think there will be a problem convincing a judge she is unstable (her family is even willing to testify against her); but, sometimes it takes weeks or months for these things to come before a judge. And she's been talking about moving again (possibly in the next few days) so her boyfriend can find work. I feel like if I don't act now, I may not get another chance for a long time. She know if she moves she will disappear.
I have reported her for child abuse, but that doesn't necessarily mean anything.
OK, experts, tell me what to do. I have no idea
Recap - custody signed over 7 yrs ago with separation papers in Virginia, I live in North Carolina, my estranged wife and child now live in Florida
Added 6-03-10
The reason I posted was so that anyone could comment with factual knowledge of Virginia, Florida, and North Carolina state laws. They are all different.
Some have replied to this post, saying I can't appeal the order. Virginia law must be different in this regard than some other states. I have been told I can appeal the order by a Family Law attorney in Virginia and by their clerk of court. The Family Law Attorney from Virginia also said that, though he was willing to represent me, he probably didn't have to.
The reason why I feel I was tricked into signing the custody order was because my wife claimed, in the presence of her attorney and his staff, that it was a temporary order. Like a dummy, I thought that they couldn't legally allow this to happen of it was not true.
The proof I have that she is selling drugs and staying drunk is my wife's own family, who has agreed to testify against her on my child's behalf. They have witnessed what she has admitted to me herself. Even her boyfriends have told her how awful she has been acting. A few of them have agreed to help me any way they can. Since my original post I have reported her to Florida's version of CPS and she has, of course, cut off contact between me and my child.
Thanks for the advice, but when I said I was pulling off the gloves, I meant it. I'm coming at her from NC, VA, and FL. I met this girl in Bible College and she turned out to be the devil. She needs help. And, just so you know, I am not one of those losers who makes stuff up or plays dirty to get his way. I don't have to. The truth is more than enough for me.
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