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my daughter was left with me

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carmonal03

Guest
I am in Eaton County Michigan. Its near Battle Creek and Lansing but i think a different county than those cities.


If the clerk wouldnt even look at my forms or even look at me for that mater then how can I file this?
 


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monnickasmommy

Guest
no I havent recieved anything back regarding the affidavit of parentage yet. We just filed it last Friday and the court says that they submitt it up to lansing. I wasnt aware that I was to recieve anything back regarding that.



ANSWER : Yes you should get something back on you Ivd testing, until then you basicly can not do anything until YOU are 99% proved to be the father. So just keep calling everyother day and find out if they got it. Once they did you will have a case # that is when you can start everything- Until then thee courts look at you as a stranger ?


Second,

nope, mommy never went to court regarding custody, she just assumed that she had full custody because I was not here. I justcame back to michigan in november, I did send her money for my daughter before and after she was born that my X is denying now but its ok because everything I ever sent was certified bank check, western union transfer and money orders for which i have retained all the stubs/recipts.

Answer; Good you will need everyone of those IN CASE the judge ask you if you are able to suport your daughter/

What ever you do DO NOT Give this child back to her mom, she can run fast to Canada and never come back


Battle Creek and Lansing --Been there husband worked in Albion for 5 months in the Winter-
 
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carmonal03

Guest
Where do I keep calling, the courthouse where we signed it at or this office in lansing? Im not even sure where or what place in LAnsing it went to. Oh but guess what, I have a 9:30 am consultation with an attorney he knows that I cant afford to retain him but he is willing to speak to me.

I just told "mom" that CPS said that she couldnt have her back, (which they did NOT) but my X isnt that bright and rather than call around and ask she took my word for it, and she thinks she cannot have the child back until she provides adequate housing and care. This lie wont last forever though I just told it as a little "whit-lie" so as to buy me a little time, while I try to get around to file for custody. A lawyer from another state said that in alot of cases the judges dont like to remove the children from the present home unless something is significantly wrong with that household/environment, and since my daughter has been in my home since December 19th and does that mean that the judge may be reluctant to rip her from my home and give her back to mom?

Sorry, I hope no one thinks Im post-whoring or anything im just trying to gather up as much 411 as possible.

And Albion is only 25 miles away on the 99!

small world lol
 
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carmonal03

Guest
***update*** (sounds too good to be true but....)


I went in for my lawyers consult and he gave me alot of helpfult tips and advice. His price was a little out of my price ability BUT he called a lawyer friend of his that does pro bono work, and I got to talk to that lawyer and have a consult with him right then and there on the phone. He AGREED to take the case and PLUS he says that he is on very good terms with the judge that will hear the case because he used to be his legal clerk. He told me to keep doing what im doing because I seem to have my priorities and responsibilities in order. And he did say that with the fact that I have my daughter in my home and the restraining order against the mom, the ball is in my court so to speak.
 

VeronicaGia

Senior Member
carmonal03 said:
***update*** (sounds too good to be true but....)


I went in for my lawyers consult and he gave me alot of helpfult tips and advice. His price was a little out of my price ability BUT he called a lawyer friend of his that does pro bono work, and I got to talk to that lawyer and have a consult with him right then and there on the phone. He AGREED to take the case and PLUS he says that he is on very good terms with the judge that will hear the case because he used to be his legal clerk. He told me to keep doing what im doing because I seem to have my priorities and responsibilities in order. And he did say that with the fact that I have my daughter in my home and the restraining order against the mom, the ball is in my court so to speak.
Excellent news! All of the links I gave you earlier are for all of Michigan; no specific counties. Please keep us posted.
 
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monnickasmommy

Guest
I also wish you the best and Please keep us posted on the out come of everything-
 
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carmonal03

Guest
Like "I said earlier, I've been in constant contact with the father of my X's older child (3) so the children can see eachother regularly. He just called me and told me that the judge granted him custody of his son yesterday! As it so happens, the same judge that gave him custody, was the SAME judge that gave me my restraining order against this girl lol.

Its just too bad that I live in the next county over and I wont be dealing with that judge anymore. Of course that would just be "too easy".

Well, anyways its MY turn now, hopefully I have the same outcome as he did. Thank you for everyone's help.

-leo-
 
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appleteddy

Guest
custody in michigan

I just went and saw an attorney regarding non-married parents. What I learned is that with the Affidavid of Parentage it identified two people as being the legal parents and basically both have legal rights. The attorney told me that either parent could take the kid, leave the country and the other parent would be able to do anything about it. Because of the unmarried status there needs to be a court order in place establishing custody. There are two types of custody - physical (where the child lives) and legal (decision making like education, medical, etc.) for the child. There can be sole custody or joint custody for both of these. Parenting time (visitation) and child support and two additional court orders. The attorney that I talked to said that this can be done without an attorney. You should be able to file the papers to establish full physical custody - this would prevent the mom from taking your daughter. You would have to decide what you wanted to do regarding the legal custody. Attorney's are expensive but if you look in the phone book there are family law attorneys who offer a free initial consultation. I would also tap into the resources with FIA and/or a social worker there to help you with the process. If you have documentation of all the events that you have described I don't see much problem in you getting custody but it has to be done through the courts legally or really you have no rights.
 
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carmonal03

Guest
Well I just got back from the attorney's office the one who SAID last week that he'd take the case pro-bono but now according to him he talked it over with his partner and he now says that he cant do it without charging after all. BUT he is going to sit down with me tomorrow evening for an hour and bring me all the documents i need, and he'll instruct me exactly how to fill them out and what to file and what to keep. I'll keep you posted on how that turns out.
 

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