Visitation and deprivation of parental rights

[deedee123]

What is the name of your state?Minnesota and Florida

In 1994 I moved to Minnesota from Florida with my husband it was about 8 months later,3 weeks before christmas when he just never came home. We already had 1 child and I was 4 months pregnant with our second. We did our divorce in Minnesota and it was uncontested, I had physical custody and we both had joint he was also ordered to pay me $1000 in support payments per month. I came back home to Florida, I had just lost my mother and shortly after my dad passed away.

It was not to long after I gave birth to our second and shortly after during a routine doctors visit I found out she was going to die, she had lissencephaly.
I had asked my ex mother in law to help her HMo was in Minnesota . She aggreed and took both of my kids back to minnesota for what she claimed at the time to give me a break and they would return from that November to the following summer.

During their stay she talked me into giving up my sick child to her for adoption, but I was still supposed to be her mom as well as in her life. It was just for medical insurance , they had veterans ins. It was 3 weeks after I signed adoption papers when I arrived to get my oldest daughter that they kidnapped her and even though I had custody the police refused to help me all they would let me do is fill out a missing persons report. They somehow got an emergency hearing and alledge I had her in a violent environment. Even though the Judge was blocked to my case and should of never heard it she immediately w/o looking at my proof gave her temp custody of my child.

I also tried at the time to stop the adoption, the judge still didn't sign but refused me because I only had 3 days to change my mind.

I eventually went into default, but was left with joint custody. It has been 10 years since I have seen my kids. Their father runs from state to state and never gets permission or tells me where he is going. I have gotten 3 pictures of my daughters in the past and 5 phone calls in the past 2 years for about 5 minutes a call. They are monitored and if I even ask what school she goes to they hang up the phone.

More recent I finally got a state senator to help me as well as the county attorneys and police to re open the kidnapping case and charge him and his mother for kidnapping as well as deprivation of parental rights. I am grateful for this, but was told by them as a result of him disapearing with her again that I am able to file something here in Florida to help with the same matters as well as custody and juristiction. There is a self help center here, but they don't have the info I need they said its too complicated for them that I need legal advise from an attorney to proceed. I do not have a retainer for one and wish to do this on my own. Can anyone help me with advise or does anybody know how I can find someone pro bono?Thanks,Danielle

 

[casa]

What is the name of your state?Minnesota and Florida

In 1994 I moved to Minnesota from Florida with my husband it was about 8 months later,3 weeks before christmas when he just never came home. We already had 1 child and I was 4 months pregnant with our second. We did our divorce in Minnesota and it was uncontested, I had physical custody and we both had joint he was also ordered to pay me $1000 in support payments per month. I came back home to Florida, I had just lost my mother and shortly after my dad passed away.

It was not to long after I gave birth to our second and shortly after during a routine doctors visit I found out she was going to die, she had lissencephaly.
I had asked my ex mother in law to help her HMo was in Minnesota . She aggreed and took both of my kids back to minnesota for what she claimed at the time to give me a break and they would return from that November to the following summer.

During their stay she talked me into giving up my sick child to her for adoption, but I was still supposed to be her mom as well as in her life. It was just for medical insurance , they had veterans ins. It was 3 weeks after I signed adoption papers when I arrived to get my oldest daughter that they kidnapped her and even though I had custody the police refused to help me all they would let me do is fill out a missing persons report. They somehow got an emergency hearing and alledge I had her in a violent environment. Even though the Judge was blocked to my case and should of never heard it she immediately w/o looking at my proof gave her temp custody of my child.

I also tried at the time to stop the adoption, the judge still didn't sign but refused me because I only had 3 days to change my mind.

I eventually went into default, but was left with joint custody. It has been 10 years since I have seen my kids. Their father runs from state to state and never gets permission or tells me where he is going. I have gotten 3 pictures of my daughters in the past and 5 phone calls in the past 2 years for about 5 minutes a call. They are monitored and if I even ask what school she goes to they hang up the phone.

More recent I finally got a state senator to help me as well as the county attorneys and police to re open the kidnapping case and charge him and his mother for kidnapping as well as deprivation of parental rights. I am grateful for this, but was told by them as a result of him disapearing with her again that I am able to file something here in Florida to help with the same matters as well as custody and juristiction. There is a self help center here, but they don't have the info I need they said its too complicated for them that I need legal advise from an attorney to proceed. I do not have a retainer for one and wish to do this on my own. Can anyone help me with advise or does anybody know how I can find someone pro bono?Thanks,Danielle

I'm confused, you said you found out years ago your child was going to die- yet 10 years later she is alive? Another problem with your story is that you have let this situation go for 10 years? Why have you not been fighting or filing in court? You will have to explain this to the courts~ There are inconsistencies in your story.

 

[stealth2]

I'm pretty confused, too.

 

[casa]

I'm pretty confused, too.

Right I can understand picking back up the original kidnapping issue...but how to file for deprivation of parental rights that weren't sought or filed for, for over 10 years?? And the 'reason' for temp. custody was treatment of a terminally ill child that is still alive 10 years later??

Am I missing something? I promise I've had the required 3 cup minimum of coffee!!

 

[deedee123]

That is what alot of people are told when their child has this rare brain disease like Lissencephaly. Nower days there are children like her that have lived to 19, when the oldest used to be 13 years. The original courtdate where I went into default was in may of 1998 I was 2 hours late and stopped at a payphone to call the judge, her clerk told me they hadn't showed yet (this was within a half hour after the time it was sheduled) and that the appropriate paper worked hadn't been filed, not to worry. I cooperated with everyother date through the years.

I arrived home and started 2 additional jobs and began to work, one night I had to be hospitalized I need kidney surgery. I was very ill for the next 6 months at this time, then I continued to save for a retainer. Then I had a severe accident in 1999 and since then til now I had to learn how to walk again and I've had about 15 surgeries , I almost lost my leg as a result, very painful.

I never gave up though, I've hired investgaters 8 times and even though I couldn't travel or might not have had the funds to do so.I would beg him to even talk to her and because I found him he would take off and this process would begin all over again.And I was told to file the last place he lived or Minnesota, I couldn't keep up with him and really didn't have the money.

In the past 2 in particuliar, he promised he would make arrangements to begin a relationship with her, but she needed more time and to be patient. I gave in with this because I knew I wouldn't be able to fight him in court, I had no money. I have over 300 +++ emails of promises from him.

So as usual since this has happened, the past 10 years I just kept writing and calling trying to get someone to help me with this issue. A new person was elected to office and this prompted me to write her and she decided to help me. It was only a week ago when I got this information from the County Attorney in Minnesota that they would re open this case and pursue him. They also told me that I could file something here, that is what made me come here and ask the question.

If I were lying I doubt these people would have re opened this case and that they would pursue justice for my kids and I. Danielle

 

[casa]

That is what alot of people are told when their child has this rare brain disease like Lissencephaly. Nower days there are children like her that have lived to 19, when the oldest used to be 13 years. The original courtdate where I went into default was in may of 1998 I was 2 hours late and stopped at a payphone to call the judge, her clerk told me they hadn't showed yet (this was within a half hour after the time it was sheduled) and that the appropriate paper worked hadn't been filed, not to worry. I cooperated with everyother date through the years.

I arrived home and started 2 additional jobs and began to work, one night I had to be hospitalized I need kidney surgery. I was very ill for the next 6 months at this time, then I continued to save for a retainer. Then I had a severe accident in 1999 and since then til now I had to learn how to walk again and I've had about 15 surgeries , I almost lost my leg as a result, very painful.

I never gave up though, I've hired investgaters 8 times and even though I couldn't travel or might not have had the funds to do so.I would beg him to even talk to her and because I found him he would take off and this process would begin all over again.And I was told to file the last place he lived or Minnesota, I couldn't keep up with him and really didn't have the money.

In the past 2 in particuliar, he promised he would make arrangements to begin a relationship with her, but she needed more time and to be patient. I gave in with this because I knew I wouldn't be able to fight him in court, I had no money. I have over 300 +++ emails of promises from him.

So as usual since this has happened, the past 10 years I just kept writing and calling trying to get someone to help me with this issue. A new person was elected to office and this prompted me to write her and she decided to help me. It was only a week ago when I got this information from the County Attorney in Minnesota that they would re open this case and pursue him. They also told me that I could file something here, that is what made me come here and ask the question.

If I were lying I doubt these people would have re opened this case and that they would pursue justice for my kids and I. Danielle

I'm certainly not accusing you of lying~ My credo is to take posts at face value. The problem is there were more questions than answers after reading what you wrote.

If the county attorney is handling the case, are you updating you on a regular basis or have they given you a contact person for questions and answers? Your case seems a bit beyond my scope of knowledge- perhaps others will come with clearer information. I've seen cases re; parental kidnapping, but none matching the sequence of events as your own.

What I can advise is you filing all the communication you've had with the father promising contact when he didn't follow through as evidence he was misleading you and denying contact. If you have the e-mail address still, I recommend writing him about why he continually moves- to see if he'll admit that in order to bolster your case.

 

[stealth2]

So what is it you're currently looking to achieve? It sounds as though Dad now actually has the kids.

 

[deedee123]

everytime I write him with my own email or another made up one it comes back to me that they no longer exist and he changed his number. This is the usual before he takes off again.

I just need to know at the least what to file here, I appreciate your trying to help me. Thanks

 

[stealth2]

But WHAT are you trying to get done? Custody? Visitation? WHAT?

 

[deedee123]

I didn't know i could file anything about deprivation and temp custody was given of my oldest 4 at the time.

 

[deedee123]

At the least visitation, I do feel like after his actions , I should get custody, but not very sure thats possible.

 

[casa]

At the least visitation, I do feel like after his actions , I should get custody, but not very sure thats possible.

OK temp custody was given by your oldest at the time, but 10 years has lapsed since then~ you should file for visitation rights and ask that you be notified when the father moves out of county/state he is in- based on his history of not notifying you of his whereabouts. Custody can certainly hinge on parental kidnapping...the issue here is that it's been so many years, the children will have to get used to you now.

What is the county attorney doing in re; charges being filed??

 

[deedee123]

OK temp custody was given by your oldest at the time, but 10 years has lapsed since then~ you should file for visitation rights and ask that you be notified when the father moves out of county/state he is in- based on his history of not notifying you of his whereabouts. Custody can certainly hinge on parental kidnapping...the issue here is that it's been so many years, the children will have to get used to you now.

What is the county attorney doing in re; charges being filed??
__________________
"That which does not destroy me ~ Makes me stronger" Nietzsche

They are still waiting for the investigation to be completed, but they have already told me that they will be charging him with deprivation and kidnapping. I had already sent them my entire case and story and they are the ones that got the police to reinvestigate.

 

[casa]

OK temp custody was given by your oldest at the time, but 10 years has lapsed since then~ you should file for visitation rights and ask that you be notified when the father moves out of county/state he is in- based on his history of not notifying you of his whereabouts. Custody can certainly hinge on parental kidnapping...the issue here is that it's been so many years, the children will have to get used to you now.

What is the county attorney doing in re; charges being filed??
__________________
"That which does not destroy me ~ Makes me stronger" Nietzsche

They are still waiting for the investigation to be completed, but they have already told me that they will be charging him with deprivation and kidnapping. I had already sent them my entire case and story and they are the ones that got the police to reinvestigate.

OK that explains a little better. Ask them for any documentation they will release to you in order to file it in court along with your custody/visitation case. That will certainly give the judge a better view of your case.

 

[deedee123]

Thank you so much for the advise,Danielle