[SIZE="4"][/SIZE] I am 18 years old i have a one and a half year old daughter and i married her father. Her father and i are seperated no paperwork or temporary custody has been filed. the father has kept her away from me for a month now.. and he is just now letting me vist her and it is only "supervised" visits. i have gone down to where he lives and tried to take the baby because everyone i have talked to has said that i have just as much right to her as he does. the first time the police were called and he had the baby in his hands and so they couldnt do anything, he took her back home. the second time I had her in my hands and the police said that i couldnt take her becuase she had been residing at her fathers house for a month so that is where she is going to stay. i need to find out what i should do because i dont have enough money to hire an attorney because my family is finacially supporting right now. where do i go to get temporary custody so i can have her until i finalize everything??? please someone help me!!!!!!

Fr_Chuck

Well first of course the police are wrong, and you may have a law suit against them,

But get an attorney and the attorney files for temp custody and temp child support payments from the father. He of course has the right to object and file a counter motion. ( that is what courts and attorneys are for)

The first day you seperated and did not have the baby was when you should have went straight to an attorney.

You may see if there is a legal aid society in your area but you do need a attorney.

jennx1032

Yes the police are wrong, that is your child as well as it is the farthers. Their is no paper work it is the same as if you two were still together. Get off the computer and go get your child. I feared my ex would take my child while i was at work because my case had not yet been to court. You have every right to have your child with you. Go get her......then file a report against the police department for false information.

jennx1032

ok maybe i got a litttle worked up, get an attorny and then go get her.

ScottGem

You are in a sticky situation here. The ONLY way of unraveling this is by going to court and that means getting an attorney.

Despite what Chuck and Jenn said, the police may NOT have been wrong. what was happening during this month? Did you make any attempts to get your daughter? How did he wind up with her in the first place? There are too many questions here that weren't answered. The police may be viewing this as you abandoned the baby to the father, since he's had her for so long. In the absence of a custody agreement, I can see them dealing iwth it that way.

You should not have allowed this to go this long. You don't see how he wound up with her in the first place, but as soon as he refused to turn her over to you, you should have contacted an attorney. you might even have called the police and had them go with you to retrieve her. Because you didn't do these things immediately, you have established a precedent.

So, the one thing I agree with Jenn on, is you need to get off the computer, hire yourself a lawyer, file for divorce and custody.

jennx1032

How he ended up with the child is important, but if he ended up with the child due to her not being their at the time he took the child, that is no reason to have the child indefinitely. You do need to contact a lawyer to discuss your legal options. I do believe you have as much right to that child right now as he does seeing as their are no orders. Position is 9/10 of the law, it is just a matter of why he has the child. If it is due to what i have stated above you have equal rights to your child.

I do believe the police were wrong to tell you other, but i do not think you should rip the child for her farther's arms, nor would the police ever do.allow you to as well. The fact is he has her due to what ever the reason may be, you need to work the court system now. that is the only way to do this without subjecting your child to further confusion and needless fight in front of the child. Children may be young but they see everything, be careful in the way you chose to handle this. I do believe you need to do something now though.

Jenn

ajarrells91985

You need to go down to the court and ask for a Temporary Custody Petition. I dont know exactly what you have to do to get it, but that is the first step. Good Luck

s_cianci

You'll have to petition the family Division of the Superior Court for your county of residence. If you can't afford a lawyer then you'll have to do it pro se. The judge will make the ultimate decision as to who gets custody and what rights and responsibilities the other parent has.

teenam1111

You need to find legal aid in your area . Or talk to attorneys that will take payment arrangements . Her being a little girl and you the Mom . You should be able to get her . No one right now has "legal" custody . Since no court papers have been drawn up . You have equal rights to her. It's just the matter of getting her back in your arms . Does he send her to daycare while he works ? If so you could have some support on that issue . If you can provide to her your care instead of sending her to a daycare then the judge should consider that fact alone ! For bonding issues . Be the first to get papers drawn up . I'm in the same situation . My ex wants custody and he's not getting it !