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Please need help
- Thread starter stargazer2
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stargazer2
Junior Member
Please help me
Kansas! My daughter has just looked at her car. When she was arrested her boyfriend stole her carseat, formula and diapers which my husband and I just paid for. Also the diaper bag and her clothes from her car. Add theft to that list.
Kansas! My daughter has just looked at her car. When she was arrested her boyfriend stole her carseat, formula and diapers which my husband and I just paid for. Also the diaper bag and her clothes from her car. Add theft to that list.
Your daughter should contact legal aid. At any rate, file first thing monday morning in court to enforce the return of her child.stargazer2 said:
Being arrested for trespassing on private property won't make her look bad to the judge who will overhear her custody case- she just needs to explain the father refused to return the child, she went to get the child and the father pressed charges for trespassing.
Make sure she also files the information re; the father's recent arrest.
Any police officer (beside the father's friend) would be able to accompany her to pick up her child. If she would have done that in the first place- she would not have been arrested for trespassing on private property. They set her up. That can be cleared up when she has her court date also- by telling the judge what happened with her child- and that the father has abducted the child. If she was not read her rights, she should also tell the judge that- however it would be hard to prove if the father's friend lies and says she was read her rights.
They are bullying her and making her believe that the whole system is corrupt- that is BS. Maybe father's friend is, but not the entire system. Try to remain calm and follow through with filing in court for custody and return of the child.
stargazer2
Junior Member
Please help me
Kansas. Thank you!! Yes we will be looking for a legal advisor as soon as the office opens on Monday. We live in a small rural area. Not much choice for leagal assistance here.
One thing I forgot!! While my daughter was in the jail the man went down and filled out in his statement. He asked for a restraining order against her to keep her from coming after the baby. It is for abuse of him or the baby. The police report doesn't even mention the baby. He just used this to prevent her from coming there to get the child. In other words by forcefully trying to take the child from him. Trying to make her seem the abuser here.
That is where we get into trouble getting the police to help and cross the restraining order. This is the biggest mess ever. A very well thought out mess on their part. It will take a lot of doing to undo this.
My daughter was the one who called the police, and she was arrested. So in this country when your child is ripped from your arms , if you try to take her back you are the abuser. If you call the police by asking for help, you must be the abuser. I agree that" whatever doesn't destroy you may make you stronger", and if you could see the horrible bruises on my daughter's arms and legs you would wonder what steel she is made of. Only a mother's everlasting love could endure jailing, a beating more or less from the looks of it, and worst of all the separation of a child in harms way. This baby has never been away from her before. She must be totally disoriented by this whole experience. My daughter would much rather endure all she has been through than put this baby through one minute of loneliness or sadness.
Please keep us in your thoughts. Thank You!!!!
Kansas. Thank you!! Yes we will be looking for a legal advisor as soon as the office opens on Monday. We live in a small rural area. Not much choice for leagal assistance here.
One thing I forgot!! While my daughter was in the jail the man went down and filled out in his statement. He asked for a restraining order against her to keep her from coming after the baby. It is for abuse of him or the baby. The police report doesn't even mention the baby. He just used this to prevent her from coming there to get the child. In other words by forcefully trying to take the child from him. Trying to make her seem the abuser here.
That is where we get into trouble getting the police to help and cross the restraining order. This is the biggest mess ever. A very well thought out mess on their part. It will take a lot of doing to undo this.
My daughter was the one who called the police, and she was arrested. So in this country when your child is ripped from your arms , if you try to take her back you are the abuser. If you call the police by asking for help, you must be the abuser. I agree that" whatever doesn't destroy you may make you stronger", and if you could see the horrible bruises on my daughter's arms and legs you would wonder what steel she is made of. Only a mother's everlasting love could endure jailing, a beating more or less from the looks of it, and worst of all the separation of a child in harms way. This baby has never been away from her before. She must be totally disoriented by this whole experience. My daughter would much rather endure all she has been through than put this baby through one minute of loneliness or sadness.
Please keep us in your thoughts. Thank You!!!!
As I read this and OP's new posts I am more confused by OP's account.
It appears that this child's mom is afraid of a DNA test for some reason, thus the acknowledgement of paternity was signed and it is very possible that there has been some judicial order, whether or not OP knows about it or not. The are points where she says mom and baby have always lived with OP and others where she states mom and child lived with the child's father. Sometimes this "Living together" is also termed visitation.
The story about what happened at the hospital is very distorted. But Lidj's remarks about what she has seen happen elswhere does nothing to clatify what happened or the implications of the facts. I have a feeling that much of this coercion is in OP's mind, based in part on her expectations for where her daughter and grandchild will reside. Since OP's daughter and grandchild also resided with the legal father after signing the Acknowledgement of Paternity, it is very likely that dad will get some custody if he doesn't already, visitation, and the child may have to remain in Kansas. While the father may have a charge against him for contributing to the delinquency of a minor, has he been convicted? An arrest or conviction for check isn't likely going to make much of a difference re paternal grandmother being a caregiver, especially if that is because that placement was necessary due to the DV RO in place.
With unmarried parents, where the father is asking to establish paternity and willing to sign the Acknowledgment of Paternity that is encouraged, this is due to an act followed by most states and has nothing to do with coercion or the fact that you live in a rural area. It is very possible that it was explained that if the couple didn't sign these forms, then the court would order a DNA test, this may be the test oP's daughter didn't want, this can but is not always a blood test, it can be a swab. The hopsital worker checking out the carseat as the child leaves the hospital is a common practice because studies have shown that most are not properly installed, it is an educational process and yes a hospital may refuse to release the child if the parents refuse to allow the inspection. It doesn't matter who installed the restraints or how many years of experience they have, refusing the inspection will result in delays. It really sounds as if much of these difficulities are caused by the actions of OP and her daughter, possibly through ignorance.
It sounds as if daughter was arrested for violating a domestic violence restraining order. And while their argument may have began about the baby, apparently the baby wasn't present so she wasn't defending her baby and mom didn't report the "kidnapping" of her child to the proper authorities. If she had custody and the father had none, she should have been able to ask the police to assist in the return of the child, but I don't think the account we are getting is accurate or in chronologically accurate order. It is possible that there was some domestic violence prior to this event and dad has a DV RO before he took the baby and that is why the police didn't force the return of the baby? Because the baby was on the order? Which means a "judge" signed some sort of an order, whether or not anyone was friends or related to the police.
The fact that the daughter has bruises on her body doesn't prove she is a victim. The information about the carseat, formula and clothes for the child, theft? Please, these items were intended for the use and protection of the child, no matter who originally bought them. Dad had access to them, you would rather the child be unsafely transported without them, or to not have a change of clothes or food to eat until more could be obtained? This is evidence of dad looking out for the best welfare of the child. If anything, this is more evidence of the removal of a child during a domestic dispute more so than a kidnapping which is usually planned out thus only the child is taken.
OP and daughter need to sit down and get their story straight. OP's daughter needs two types of attorneys now, one for criminal defense or a public defender and a family law attorney. Much of this could have been avoided if custody and visitaiton was appropriately established rather than trying to avoid it in order to remove the child from the state and from the father.
It appears that this child's mom is afraid of a DNA test for some reason, thus the acknowledgement of paternity was signed and it is very possible that there has been some judicial order, whether or not OP knows about it or not. The are points where she says mom and baby have always lived with OP and others where she states mom and child lived with the child's father. Sometimes this "Living together" is also termed visitation.
The story about what happened at the hospital is very distorted. But Lidj's remarks about what she has seen happen elswhere does nothing to clatify what happened or the implications of the facts. I have a feeling that much of this coercion is in OP's mind, based in part on her expectations for where her daughter and grandchild will reside. Since OP's daughter and grandchild also resided with the legal father after signing the Acknowledgement of Paternity, it is very likely that dad will get some custody if he doesn't already, visitation, and the child may have to remain in Kansas. While the father may have a charge against him for contributing to the delinquency of a minor, has he been convicted? An arrest or conviction for check isn't likely going to make much of a difference re paternal grandmother being a caregiver, especially if that is because that placement was necessary due to the DV RO in place.
With unmarried parents, where the father is asking to establish paternity and willing to sign the Acknowledgment of Paternity that is encouraged, this is due to an act followed by most states and has nothing to do with coercion or the fact that you live in a rural area. It is very possible that it was explained that if the couple didn't sign these forms, then the court would order a DNA test, this may be the test oP's daughter didn't want, this can but is not always a blood test, it can be a swab. The hopsital worker checking out the carseat as the child leaves the hospital is a common practice because studies have shown that most are not properly installed, it is an educational process and yes a hospital may refuse to release the child if the parents refuse to allow the inspection. It doesn't matter who installed the restraints or how many years of experience they have, refusing the inspection will result in delays. It really sounds as if much of these difficulities are caused by the actions of OP and her daughter, possibly through ignorance.
It sounds as if daughter was arrested for violating a domestic violence restraining order. And while their argument may have began about the baby, apparently the baby wasn't present so she wasn't defending her baby and mom didn't report the "kidnapping" of her child to the proper authorities. If she had custody and the father had none, she should have been able to ask the police to assist in the return of the child, but I don't think the account we are getting is accurate or in chronologically accurate order. It is possible that there was some domestic violence prior to this event and dad has a DV RO before he took the baby and that is why the police didn't force the return of the baby? Because the baby was on the order? Which means a "judge" signed some sort of an order, whether or not anyone was friends or related to the police.
The fact that the daughter has bruises on her body doesn't prove she is a victim. The information about the carseat, formula and clothes for the child, theft? Please, these items were intended for the use and protection of the child, no matter who originally bought them. Dad had access to them, you would rather the child be unsafely transported without them, or to not have a change of clothes or food to eat until more could be obtained? This is evidence of dad looking out for the best welfare of the child. If anything, this is more evidence of the removal of a child during a domestic dispute more so than a kidnapping which is usually planned out thus only the child is taken.
OP and daughter need to sit down and get their story straight. OP's daughter needs two types of attorneys now, one for criminal defense or a public defender and a family law attorney. Much of this could have been avoided if custody and visitaiton was appropriately established rather than trying to avoid it in order to remove the child from the state and from the father.
rmet- OPs daughter was arrested for trespassing when she went to retrieve the baby- not because of an RO. NOW the father got an RO since the mother was arrested & jailed on the trespassing charge.rmet4nzkx said:
OP states the father was arrested for his other issue with the 16 yr old g/f....and hasn't had his own court date yet.
There is a lot of confusion and ignorance re; the legalities of this situation- and it sounds like the daughter went back & forth between her parents home and the father's home in attempts to work out the relationship at some point.
Either way- the father did not have legal custody of the child when he took the visitation and didn't return the child. NOW the father most likely has temporary custody pending a hearing on the RO. I think once a judge hears the mother was attempting to retrieve her child...the trespassing will be dismissed- I can't believe she was arrested all weekend for going to the inlaws house to pick up her child.
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