My ex girlfriend and I are in the midst of a custody case. She filed for sole-physical, sole-legal custody of our 3 month-old daughter 2 months ago. At the initial hearing, we were given "temporary" orders pending a future hearing (October 4, 2010). Now, she has filed a restraining order (I know it's her attempt to try to make me look bad in the court system) - that hearing is coming August 27th. Apparently, the Judge didn't grant her initial request for an immediate restraining order and gave this date for an appearance. Well, now, every time I go to pick up the baby for my scheduled visits, no one is home. She has also removed the baby from her daycare, and she no longer attends there. This, she has done without my permission and the order clearly states we are to make "joint" decisions concerning daycare, etc... Any advice?

Have your lawyer file with the court for contempt in violating the visitation order. And don't waste time doing this. If nothing else it will make YOUR case preventing her from gaining sole custody.

Time is of the essence.

Ask for an emergency hearing to issue a contempt citation against her. All these maneuvers will make her case weaker. The problem here is the age of the child. At 3 months a judge will be very loath to remove the mother. Though, the fact that she is in day care shows she's not fully breast feeding which could help. The main thing is document everything. Keep a journal of each time no one was home for a scheduled visit. Document that she was removed from the daycare etc. Do EVERYTHING through the court, do not take any matters into your own hands.

ScottGem: Thank you, sir. I will go in and file for the emergency hearing today. She wasn't there again yesterday when I went to pick her up. And, again, not at the daycare.