Need help on how get child back

[Carrie-Anne]

What is the name of your state? Wisconsin

Hello my name is Carrie and a few months ago my daughter was taken to Texas with out my saying it was ok. A little back ground on this, my ex-husband and I were sharing custody, and had agreed that every so often when needed we would change the agreement, in 2003 I gave my ex custody of our daughter cause he wanted her to live with him and since he is in the army I didn't think it would trun out the way it has. He had gotten married and that was why I gave him custody(placement), his wife left him 2 months later and had my daughter with her, she dropped her off at my exs mothers house where she has been living since. I have been trying to get my daughter back since this but they won't let me have her. Like I said she has been taken to Texas, now and I don't see and I was told I would get her for summer but I have found out that I won't be seeing her then too. Also they want me to pay for her to came back to wisconsin for me to see her, now I don't have alot of money and that is not going to work for me. If any one has ideas on how I can get back please let know, I really miss my little girl and I do think it best for her to be with me for many reasons.
Thank You

 

[Just Blue]

What is the name of your state? Wisconsin

Hello my name is Carrie and a few months ago my daughter was taken to Texas with out my saying it was ok. A little back ground on this, my ex-husband and I were sharing custody, and had agreed that every so often when needed we would change the agreement, in 2003 I gave my ex custody of our daughter cause he wanted her to live with him and since he is in the army I didn't think it would trun out the way it has. He had gotten married and that was why I gave him custody(placement), his wife left him 2 months later and had my daughter with her, she dropped her off at my exs mothers house where she has been living since. I have been trying to get my daughter back since this but they won't let me have her. Like I said she has been taken to Texas, now and I don't see and I was told I would get her for summer but I have found out that I won't be seeing her then too. Also they want me to pay for her to came back to wisconsin for me to see her, now I don't have alot of money and that is not going to work for me. If any one has ideas on how I can get back please let know, I really miss my little girl and I do think it best for her to be with me for many reasons.
Thank You

Get in your car..or on a plane...go to Texas and get your child!

 

[Carrie-Anne]

Can I do that or will get in to some trouble if I did. I have thought about doing that many times or if I was to get her for the summer then I was going to keep her with me. I just don't want to end up going to court and then have them say I can't have my child cause of that, what I am saying is my ex and his mother did it already so should I just wait for the courts to say I can her or just take her away from them. I am in the process of getting the paper work together for court but still unsure what will happen and want to make sure I can get her from them. For many reasons other then just to have her with me. I found out some things that could really hurt her dad and grandmother in court but I am not sure it will be enough, also I was told they can go to jail for taking her out of Wisconsin with out giving notice to me or the court, I don't want to get in trouble for doing what they have already done. But if I can find out if I did do it and nothing would come back on me for it then I am gone and I will her with me again.
Also our daughter is living with his mother in Texas and my ex husband is living in NC, I was told I have to serve both of them for court which is ok with me my problem is I don't know how to go about it since it is in 2 other states then the one I live in. If any one knows how to go about this please let me know I could all the help with this that I can get.
If you have any info about this let know and thank you so much for helping.
Carrie

 

[huntergirl72482]

need help on getting child back

i dont know the laws there cause i dont live in the state you do but in most states even if he has custody if you have any rights at all even visitations he should have to have your written permission to move him and your child to another state

 

[NotSoNew]

Get in your car..or on a plane...go to Texas and get your child!

what? she said she SIGNED over custody, she can not just go take the child back.

orginal poster was this a legal document signed by a judge?

 

[Shay-Pari'e]

i dont know the laws there cause i dont live in the state you do but in most states even if he has custody if you have any rights at all even visitations he should have to have your written permission to move him and your child to another state

K-Dar

https://forum.freeadvice.com/showthread.php?t=312809

 

[huntergirl72482]

if he has legal custody papers signed by the judge and you go take the child you will be charged with kidnapping

 

[Carrie-Anne]

Yes it was signed by a judge the only thing he has is placement, I have looked at all the paper work and I have sole custdy with him having placement right now, nothing was changed with that on the last stipulation order. The reason I have sole is cause of the army I geuss he can't have her as a single father, and I have waited this long cause he was in Iraq for his second tour til last year, I had thought then he would sign a new order giving me placement but he won't and now that they have taken her to Texas I have no choice but to take it to court.
The lady who is doing up the papers I need said I could go to Texas and take her cause they changed the sole custdy thing but I am still not sure about that and she is in school now and I don't want to take out of school, but she is done in May, and I plan to have this in court before then.
Also in Wisconsin they are to give notice to the court and myself before the other parent takes the child out of state, this is in or papers from when we split.

 

[Just Blue]

what? she said she SIGNED over custody, she can not just go take the child back.

orginal poster was this a legal document signed by a judge?

Please read the original post again...

 

[Ohiogal]

Please read the original post again...

I didn't get that she signed over custody to him so much as let the child go with dad.

 

[Ohiogal]

if he has legal custody papers signed by the judge and you go take the child you will be charged with kidnapping

Huntergirl
Go to your thread and answer the questions asked of you. Amazing how you have nothing but questions yet you feel qualified to give advice.

 

[Just Blue]

I didn't get that she signed over custody to him so much as let the child go with dad.

Yes...That is why I told her to get the child...The kid is with the MIL...Who has no rights to her....

 

[NotSoNew]

Yes...That is why I told her to get the child...The kid is with the MIL...Who has no rights to her....

well i was confused on the whole she has custody but gave him "placement" never heard of that before.

but if mom doesnt have custody or placement dad could just stay kids were visiting MIL and he has the right to let whoever he wants watch them. mom doesnt have custody or placement so would the police make MIL hand over kids to mom? seems like a sticky situation, but worth the shot of going to get your child based on the fact that shes NOT with dad, shes with MIL.

 

[Carrie-Anne]

Here is thing I am not a mother who ever wanted to keep the father out of my kids lifes, so when my ex and I split we had decided to give each other periods of her living with each of us, and I had thought it was a good idea my daughter loves her dad and I would never keep him out of her life but now his mother and him have gone and done this to me. I have never been away from my daughter since she was born, when she was here in wisconsin I always saw her. Since she went with her dad back when he got married, I didn't see the problem my daughter had begged me to not let them take and said that they were mean to her, but then it was to late the papers where signed. Before my ex took her to SC were he lives my sister had to sneak my child to me cause her dad said I could see her before they left. Then his wife left and then he went to Iraq for his second tour, my daughter was brought back to wisconsin and lived with his mother cause I could not do anything while he was in Iraq. Now I am having the papers done up so I can go back to court. My daughter had told me my ex took a gun to wife in front of her, my exs wife did crack in front of my child, my daughter told me her dad had trashed her room cause he said it was not good enough and made her clean it now at this time she was almost 7, and when my ex and split he was told by the judge not keep our daughter form me any more cause he had done it before and if he did that he would go to prison for 5 years, now at this point I don't care what happens to him or his mother I just want my child back with me were I know she is safe and I know she is getting to a doctors when needed. That is another problem when my daughter was 6 we found out she had a lazy eye, and she needs glasses to fix it, also she had to go back to the eye doctor 3 months after she got her glasses now she is 8 and she has not been back to a doctor and they don't have her were her glasses. I can keep going about all that is wrong with what they are doing but I am not going to my main thing is find a way to make sure she comes back to live with me. cause my ex has said that no judge is going to give back to me cause he makes more money, that may be so but a child also needs love and a stable home to live in which I know I gave her. Any more thoughts on how to go about htis please let me know.

 

[casa]

What is the name of your state? Wisconsin

Hello my name is Carrie and a few months ago my daughter was taken to Texas with out my saying it was ok. A little back ground on this, my ex-husband and I were sharing custody, and had agreed that every so often when needed we would change the agreement, in 2003 I gave my ex custody of our daughter cause he wanted her to live with him and since he is in the army I didn't think it would trun out the way it has. He had gotten married and that was why I gave him custody(placement), his wife left him 2 months later and had my daughter with her, she dropped her off at my exs mothers house where she has been living since. I have been trying to get my daughter back since this but they won't let me have her. Like I said she has been taken to Texas, now and I don't see and I was told I would get her for summer but I have found out that I won't be seeing her then too. Also they want me to pay for her to came back to wisconsin for me to see her, now I don't have alot of money and that is not going to work for me. If any one has ideas on how I can get back please let know, I really miss my little girl and I do think it best for her to be with me for many reasons.
Thank You

There is a court order which gives Dad placement. Now you must change that court order because child is living in another state, therefore Dad is not utilizing his placement.

Your rights as a parent trump MILs...however, you must proceed legally to make sure all your bases are covered. (If you need law enforcement involved to help you retrieve your child, you will need a court order designated you as the parent with physical placement- if the court order says Dad has it & she is at Dad's parents, you may find law enforcement of no help to you).

File to modify the custody order. Then you will be able to go get your daughter.