What is the name of your state? New York
Let me start from the beginning. I lost custody of my little girl when she was 6 1/2 months old in 2002. I missed a court date and the courts defaulted against me. Her father has had custody since. I have been back and forth to court over the last 5 years trying to get her back. Her father has accused me of everything under the sun from being a prostitute, striper, porn star, having a live in boyfriend that beats me in from of my child, to just being a bad mother in general. For the longest it seemed that the courts were taking his crap into consideration. The judge we are in front of now is not trying to hear any of his crap. He felt that he was loosing his grip of power so in January of this year he accused my father of molesting my daughter. So now my dad is going back and forth to court. He is not allowed to see my daughter. I have had visitation with my daughter that has changed so many times I can't even count. The most current one is to pick her up every week from Fri - Sun.
Now here is my problem. The last court date that I had my daughters father didn't show up. I explained to the judge that my daughter, who is only 5, says that she no longer sees her father and has not seen him for at least 2 months. The courts ordered a home investigation which I don't believe was ever done. I just found out that my daughter has not seen her father because he is in JAIL. I also found out that he is in jail for murder in the second degree and 2 weapons charges. For the last 2 months and some change he has been locked up with out bail and no one said anything. I have been picking her up and dropping her off to either his sister or his mother and neither of them said a word.
I am afraid that the courts won't give me custody of my daughter. I am afraid that his mother is going to sue for custody since she has been the one providing care of my little girl. What is the likelihood of this happening? I know that her father can't retain custody in jail so custody has to go somewhere. My daughter wants to spend more time with me and has expressed this to her law guardian. Will they give me immediate custody of my little girl or dismiss my case for custody if his mother sues for custody and make me start all over again? Please some one help. I'm really scared and fearful for my little girl being in that house. Her father killed someone. I'm fearful that there might be some act of retaliation against his family and don't want my daughter anywhere near that.
Let me start from the beginning. I lost custody of my little girl when she was 6 1/2 months old in 2002. I missed a court date and the courts defaulted against me. Her father has had custody since. I have been back and forth to court over the last 5 years trying to get her back. Her father has accused me of everything under the sun from being a prostitute, striper, porn star, having a live in boyfriend that beats me in from of my child, to just being a bad mother in general. For the longest it seemed that the courts were taking his crap into consideration. The judge we are in front of now is not trying to hear any of his crap. He felt that he was loosing his grip of power so in January of this year he accused my father of molesting my daughter. So now my dad is going back and forth to court. He is not allowed to see my daughter. I have had visitation with my daughter that has changed so many times I can't even count. The most current one is to pick her up every week from Fri - Sun.
Now here is my problem. The last court date that I had my daughters father didn't show up. I explained to the judge that my daughter, who is only 5, says that she no longer sees her father and has not seen him for at least 2 months. The courts ordered a home investigation which I don't believe was ever done. I just found out that my daughter has not seen her father because he is in JAIL. I also found out that he is in jail for murder in the second degree and 2 weapons charges. For the last 2 months and some change he has been locked up with out bail and no one said anything. I have been picking her up and dropping her off to either his sister or his mother and neither of them said a word.
I am afraid that the courts won't give me custody of my daughter. I am afraid that his mother is going to sue for custody since she has been the one providing care of my little girl. What is the likelihood of this happening? I know that her father can't retain custody in jail so custody has to go somewhere. My daughter wants to spend more time with me and has expressed this to her law guardian. Will they give me immediate custody of my little girl or dismiss my case for custody if his mother sues for custody and make me start all over again? Please some one help. I'm really scared and fearful for my little girl being in that house. Her father killed someone. I'm fearful that there might be some act of retaliation against his family and don't want my daughter anywhere near that.