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Oct 14, 2006, 10:18 AM
|  | New Member | | Join Date: Oct 2006 Location: East Central Minnesota
Posts: 18
| | | What are my chances? I am a Dad first and foremost. I have a six year old daughter that I have had all of her life. I have been soley responsible for up bringing. Her mother has been involved the entire time but most of that was forced by me. We were never married but I never had to worry about "actually" having custody because there was no interest on the other side to "keep" the daughter. Daughter has never been in daycare and I am a very involved father, stay home dad. I have all of the documentation I need to prove I have been the primary caretaker but still have no custody papers. Mom came and took daughter 29 days ago when I asked for her to give me custody on paper. I have not been able to see her the entire time and miss her a ton. I am asking what are my chances of winning this custody battle?  | | | | | | |
Answers
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Oct 14, 2006, 11:40 AM
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#2
| | Expert
Join Date: Aug 2005 Location: On the outside
Posts: 8,298
| Hello Team:
Pretty good, but I didn't hear anything about the battle. All you told us about, is that she took your daughter.
You needed a lawyer THEN, so that this would have been handled by now. But, you absolutely need a lawyer NOW, to prevent it from ever happening again. I would have been at his door steps on day 2, not on day 29.
excon |
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Oct 14, 2006, 11:44 AM
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#3
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Join Date: Nov 2005 Location: Atlanta GA
Posts: 24,562
| I also did not hear you say that one day after she took the child that you went to get an attorney and an emergacy court order to give the child back to you ???
Get the attorney |
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Oct 14, 2006, 11:51 AM
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#4
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Join Date: Apr 2006 Location: La La Land
Posts: 18,279
Pay to call J_9 for advice ($.75/min) | I agree with the others. Did you call the police to report her missing? In the states an Amber Alert could possibly be issued.
I am wondering if the mother kidnapped the child. |
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Oct 14, 2006, 12:25 PM
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#5
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Join Date: Oct 2006 Location: East Central Minnesota
Posts: 18
| Ok apparently I did not make myself very clear. We already had a lawyer and asked the mother to give me custody on paper because I had nothing that said I had any custody. In MN where I live, I have no rights to the child even as her father because we were never married. "mom" has every right to have her but she has never been there for her in the past and now that I want to take away the power she has (because she has legal custody because we were not married) she suddenly wants to step up to the plate and "play" mommy. I have a lawyer and am fighting like hell to get her back but this is brand new and we have not yet gone to court. Two hours after "mom" came and took her our lawyer asked for parenting time and we have heard nothing!!! nothing in 29 days. I have no rights yet but I am hoping that I hear some positive feedback about this because I am terrified to lose her to her mother. I have been doing all of the work with very little help and she flies in like she has something and tears my world apart! NOT FAIR to Dad's who are doing the right thing even though it may be hard (and really expensive). |
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Oct 14, 2006, 12:29 PM
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#6
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Join Date: Apr 2006 Location: La La Land
Posts: 18,279
Pay to call J_9 for advice ($.75/min) | As I asked, have you called police and reported that she is missing? When and if you do call police, make sure that you report the mother and child missing.
If you have proof that she has been in your custody for so long, everything should be in your favor. You should contact your lawyer and make sure that this should be reported to the proper authorities. |
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Oct 14, 2006, 12:45 PM
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#7
| | New Member
Join Date: Oct 2006 Location: East Central Minnesota
Posts: 18
| Again, I have no legal custody, the daughter has always been in my CARE, I do not have any custody rights until I go to court. The police were here when "mom" took the child and I could do nothing! I have to have something form the courts saying that I have custody before I can go and get her!! I have no idea where you got the missing mother thing. (wish she was) The child and mother are living at the mothers residence. I know where they are I just can't go get my baby girl. My question was what are my chances of getting custody over the mom!!? |
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Oct 14, 2006, 01:03 PM
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#8
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Join Date: Apr 2006 Location: La La Land
Posts: 18,279
Pay to call J_9 for advice ($.75/min) | I got the missing mom thing cause you never stated that you actually knew where they were, until now.
Wow, this certainly may be a tough battle. However, if you have proof that she has been in your constant care, then the battle may not be as uphill as it sounds.
This may be a silly question, but I have my reasons, so bear with me. Is your attorney a man or woman? |
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Oct 14, 2006, 01:10 PM
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#9
| | New Member
Join Date: Oct 2006 Location: East Central Minnesota
Posts: 18
| The lawyer is male. Do you think it will matter either way? |
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Oct 14, 2006, 01:19 PM
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#10
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Join Date: Apr 2006 Location: La La Land
Posts: 18,279
Pay to call J_9 for advice ($.75/min) | Yes, it will matter. You made a good choice!!!! A female lawyer specializing in custody sometimes works not quite as hard for the father as she would the mother. Many women believe that the child belongs with the mother. So, if you had a female attorney, she may not work that hard for you.
While a man will see how you were jerked around.
Sometimes the difference between winning and losing a case is the kind of attorney you hire. |
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