No it is not kidnapping, because you are the child's parent and guardian. Don't let him or his family intimidate you. You did the biggest and best thing you could and that was to leave him. You can get assistance through the State until you get on your feet and they will collect child support from him. If a Parenting Plan happens and he try's to take you to court for either visitation or custody, his abusiveness toward you will show favor as you being the better parent of the two, the Grandparents have no parental rights to your baby, they may have money but you are Mom. Don't worry it will all work out okay, just move on with your life and you will be fine.

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Originally Posted by Romefalls19

That must be a Utah thing because in Jersey we were told something completely different. We were told that they try to find the person for at least a month. They try closest known relatives and everything.

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I didn't say they don't have to try to find the "Defendant" (I don't know how the papers address the parties) - I didn't say it won't be adjourned for a period if the other party can't be immediately located and served.

I know how they try to locate closest known relatives "and everything" - it's what I do for a living.

I said if they claim they couldn't find the person - and I don't know if OP CAN be located by a third party because she has so recently moved and the father may not share his info with the Court - it is possible for the Hearing to be held without her.

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Originally Posted by starbuck8

Judy will correct me if I am wrong, but you would have to have done something pretty bad, and/or illegal, for a judge to take away custody from you and give it to the grandparents. So, I don't think you will really have to worry about that part of it too much. If the father can't phyically take care of your daughter, then the judge will see that too. So unless there has been something like abuse, a drug addiction, or a felony conviction etc., you should be fine.

Stay safe from the hurricanes and tornadoes. My parents live in Florida, (Sarasota area) and I have alot of friends there. The storms seem to be gaining strength with each one that pops up.

Best of luck!

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Absolutely and positively - I know this is not the case with the OP BUT terrible mothers keep custody because although their behavior may be unsavory or unsettling the child is not in danger. FrChuck has some chilling experiences with this.

I see no danger of the mother losing custody if all is has been "reported" - I DO see the father getting visitation rights and I think I foresee a problem getting the child back so I would make certain the Court is aware of every problem in this relationship.

I also see a great advantage to the mother NOT having a "new man" in her life - far too many women move from one man to the next and the Court does not necessarily look favorably on that situation. Mother is working her way through this with the help of family, not separating/divorcing to be with someone else.

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Originally Posted by JudyKayTee

Absolutely and positively - I know this is not the case with the OP BUT terrible mothers keep custody because although their behavior may be unsavory or unsettling the child is not in danger. FrChuck has some chilling experiences with this.

I see no danger of the mother losing custody if all is has been "reported" - I DO see the father getting visitation rights and I think I foresee a problem getting the child back so I would make certain the Court is aware of each and every problem in this relationship.

I also see a great advantage to the mother NOT having a "new man" in her life - far too many women move from one man to the next and the Court does not necessarily look favorably on that situation. Mother is working her way through this with the help of family, not separating/divorcing to be with someone else.

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Totally.. nobody new and nobody in mind nor thoughts of getting a man. I just want this over so I can continue living life with my child.. she comes first and that means no man around my little girl.. I just want peace and not having threats around me all day

I finally went to this attorney today.. the district court clerk told me to go see her because she comes to the court for free.. HA! Wasted 5 minutes of my time, I explained the situation and the best she came up with was Get yourself a good private attorney.. Geez thank you, I have never thought of that lol! Gave me a card to legal aid.. the same legal aid I am battling right now.. Lord help me it is going to be a long road ahead. If he gets visitations rights in Utah than I am screwed they will take her from me then, I have no friends, no family, no job, no car, no money and no support there.. plus the school there is only 3 hours long so I will have to leave the baby with his mother and she will totally point this out.. in here I have support, a nice home, a job, a car and her school is long enough that I am able to work during those hours so I can be with her during the rest.. I hope the judge sees this, I don't mind if she spends holidays and school vacation there and I would help him pay flights here whenever he gets time to get away to see her.. I just can't survive in Utah.

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Originally Posted by freedomseeker

Totally..nobody new and nobody in mind nor thoughts of getting a man. I just want this over so I can continue living life with my child..she comes first and that means no man around my little girl..I just want peace and not having threats around me all day

I finally went to this attorney today..the district court clerk told me to go see her because she comes to the court for free..HA! wasted 5 minutes of my time, I explained the situation and the best she came up with was Get yourself a good private attorney..Geez thank you, I have never thought of that lol! gave me a card to legal aid..the same legal aid I am battling right now..Lord help me it is going to be a long road ahead. If he gets visitations rights in Utah than I am screwed they will take her from me then, I have no friends, no family, no job, no car, no money and no support there..plus the school there is only 3 hours long so I will have to leave the baby with his mother and she will totally point this out..in here I have support, a nice home, a job, a car and her school is long enough that I am able to work during those hours so I can be with her during the rest..I hope the judge sees this, I don't mind if she spends holidays and school vacation there and I would help him pay flights here whenever he gets time to get away to see her..I just can't survive in utah.

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Well, the Court cannot force you to go back to him; I don't see him getting full custody; what you have said here you have to keep repeating to yourself AND this is what you have to say in Court.

Have you been served with the papers yet?

No, nothing yet but we had that holiday there Monday you would think they would pop for the priority shipping on mailing this thing according to the court they have 160 days to serve me but the hearing is in less than 60 days away, I am wondering if they will wait to the last minute to serve me.. I won't call them though I know the date, I am trying to find an attorney I could afford here, the attorney I saw today said that there are some exception for the hearing not to happen, once the judge gets my answer he will decide between his answer and mine and then go from there. But as of today nothing from him, not even to call his daughter.

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Originally Posted by freedomseeker

no, nothing yet but we had that holiday there monday you would think they would pop for the priority shipping on mailing this thing according to the court they have 160 days to serve me but the hearing is in less than 60 days away, I am wondering if they will wait to the last minute to serve me..I won't call them though I know the date, I am trying to find an attorney I could afford here, the attorney I saw today said that there are some exception for the hearing not to happen, once the judge gets my answer he will decide between his answer and mine and then go from there. But as of today nothing from him, not even to call his daughter.

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You probably have to be personally served - I doubt it will be mailed to you. It's probably been mailed to the Sheriff or a process server in Florida.

I think it's a good thing that he hasn't called - probably advice from his Attorney.

And it's good that your Attorney sees other possibilities.

A stupid move from his attorney then, make the child pay for this stupidity.. saying hi to his little girl should be a first, just because a divorce is going on should not prevent him from saying hi to his daughter, I mean if he is trying to take her away from me is because he can't live without her right? But he can go w/out calling her for a week to find out if she is OK or what not? Should be proof enough to the judge he knows she is fine here with me.

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Originally Posted by freedomseeker

a stupid move from his attorney then, make the child pay for this stupidity..saying hi to his little girl should be a first, just because a divorce is going on should not prevent him from saying hi to his daughter, I mean if he is trying to take her away from me is because he can't live without her right? but he can go w/out calling her for a week to find out if she is ok or what not? should be proof enough to the judge he knows she is fine here with me.

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Perhaps his Attorney is aware he loses his temper, says stupid things to you - and the Attorney wants to keep you in the dark as much as possible until the Hearing, not provide you with info.

This is not the least bit unusual.

Judy is completely right! My girlfriend was advised that if her ex does call, simply let it go to voicemail this way if there is any language or threats used you have documented proof of this.
Our attorney also told us, under no circumstance do we contact him. We have an arrangement with the grandmother that we will contact her when we are on our way to pick up the girls or she will call us and let us know when to pick them up

I don't know who does and who does not know the Law - other than me and a few select people and they know who they are, some by research, some by education and some through experience.

You most definitely know neither the rules of the Board nor the Law.

My spider senses tell me you are somehow involved in this matter as other than a bystander who came across it on a public board.

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Originally Posted by JudyKayTee

I don't know who does and who does not know the Law - other than me and a few select people and they know who they are, some by research, some by education and some through experience.

You most definitely know neither the rules of the Board nor the Law.

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I apologize for quoting you, I saw my sig and thought you were talking about my post.

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Originally Posted by JudyKayTee

You are aware that the OP is disabled, as is her husband?

And would you please give me the law that states this is kidnapping as well as where you get your knowledge?

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I am not disabled my daughter is and so is my husband I took care of them both.. I believe sensi is one of his family members who keeps tracking me online.

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Originally Posted by freedomseeker

I believe they have found me, I know they have tracked me on myspace and facebook and now they have found me here, if you notice the poster speaks as if she knew more than I have shared. Why would she say my inlaws took care of me? all I said was we lived in a basement apt..that does not mean they took care of me, Yeah my husband kept bank accounts and debit cards all in his name but I had them..how did the poster knew this? if this is who I think it is get a life and I will totally see you in court!

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Ahhhh! I get your drift, and now I think I'm understanding the anger in that post! ;)

We won't tolerate intimidation around here either, and we have some pretty good mods and administraters.

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Originally Posted by freedomseeker

I am not disabled my daughter is and so is my husband I took care of them both..I believe sensi is one of his family members who keeps tracking me online.

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Sorry about that - I misunderstood the disabled part, just who you were talking about.

That being said - PLEASE - stay off this and any other Board until this is over. You can only hurt yourself. What you have said can and will be brought into Court.

Honestly - we'll miss you but PLEASE protect yourself. Keep in mind that this is what I do - I dig up what can be dug up in divorces and other matters. Stay away and now that they've made this mistake, don't feed into them. Stay off Facebook and wherever else you can be tracked. Anything you say can and will be brought to Court and you don't want to be perceived as hysterical, untruthful, anything else.

In the meantime, if you know who this person is if you hit the inappropriate button on the top right-hand side of his/her post and type in the little box that this is someone from your husband's side harassing you a moderator will check the account info of that person. This person could very well have seriously harmed your husband's chances custody/visitation chances - if you read the post it is almost frightening IF this person knows you. Shows what's going on.

Also - print out the post for your Attorney.

And then get off this site until after the Hearing.


PS - Go the criminal law section - there is a rather offensive (and legally incorrect) post there by this same "Sensi" person. Speaks volumes about the person and will be VERY HELPFUL to your Attorney. Please do it right away.

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Originally Posted by starbuck8

Ahhhh! I get your drift, and now I think I'm understanding the anger in that post! ;)

We won't tolerate intimidation around here either, and we have some pretty good mods and administraters.

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I just reported that person - anyone care to join me?

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Originally Posted by JudyKayTee

Sorry about that - I misunderstood the disabled part, just who you were talking about.

That being said - PLEASE - stay off this and any other Board until this is over. You can only hurt yourself. What you have said can and will be brought into Court.

Honestly - we'll miss you but PLEASE protect yourself. Keep in mind that this is what I do - I dig up what can be dug up in divorces and other matters. Stay away and now that they've made this mistake, don't feed into them. Stay off Facebook and wherever else you can be tracked. Anything you say can and will be brought to Court and you don't want to be perceived as hysterical, untruthful, anything else.

In the meantime, if you know who this person is if you hit the inappropriate button on the top right-hand side of his/her post and type in the little box that this is someone from your husband's side harassing you a moderator will check the account info of that person. This person could very well have seriously harmed your husband's chances custody/visitation chances - if you read the post it is almost frightening IF this person knows you. Shows what's going on.

Also - print out the post for your Attorney.

And then get off this site until after the Hearing.


PS - Go the criminal law section - there is a rather offensive (and legally incorrect) post there by this same "Sensi" person. Speaks volumes about the person and will be VERY HELPFUL to your Attorney. Please do it right away.

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I am going to have to do just that.. I did delete my other accounts. How would I know the info on this sensi person? Attorney asking for it? Thanks for all your help.. take care all.

>thread closed<

And I will add all of you, esp those that report some of the posts, if you will stop copying the entire post, and cut and paste parts of the post, it is easier to DELETE their posts so we don't have to go into your pasts and edit and edit and edit.

If the copy serves no purpose why do it.