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-   -   Can I get my daughter back? (https://www.askmehelpdesk.com/showthread.php?t=718677)

  • Nov 23, 2012, 02:29 PM
    Bubblez24
    Can I get my daughter back?
    Its been two years since all this happened. My daughters father called dcf on me and accused me of putting bruises on her. I have never touched my kids and never will. We were sharing custody, I would have her for a week then he would have her for a week. But what I don't get is that he waited a almost a week to take her to the doctor to check and see if it was me that gave her the bruise. I asked to see pictures cause dcf workers said they had pictures, well to this day I never seen any pictures or proof saying I was they one who put the bruises on her. Anyway, I was told to have supervised visitation with her at least once a week and that's court ordered. He won't let me see her or anything, Then I find out that he moved out of state and said if I wanted to see MY daughter I have to go to him. Will I be able to take him back to court and get her back?
  • Nov 23, 2012, 02:41 PM
    tickle
    You may not be able to get her back, but you have court ordered visitation and I don't think he can move out of state under that order. Please talk to your lawyer about this.
  • Nov 23, 2012, 08:22 PM
    cdad
    If it has been 2 years then residency has been established and a pattern has been set. The best you might hope for is visitation. Had you acted sooner (2 years ago) then it would be a different situation.

    Was he hiding his whereabouts or hiding the child?
  • Nov 23, 2012, 11:41 PM
    Bubblez24
    I have been calling and texting him ever since (2 years ago) and he would never let me see her. He finally texted me back a couple weeks ago saying he moved out of state.
  • Nov 24, 2012, 06:59 AM
    ScottGem
    Quote:

    Originally Posted by Bubblez24 View Post
    I have been calling and texting him ever since (2 years ago) and he would never let me see her. He finally texted me back a couple weeks ago saying he moved out of state.

    Why haven't you gone back to court in that time. If the court ordered visitation and he is denying it, then you should have gone back to court and have him cited for contempt.

    It may not be too late. If he moved out of state without obtaining court permission, file a petition on Monday morning to have the child returned.
  • Nov 24, 2012, 05:37 PM
    Bubblez24
    But would I still get her back after being accused of putting bruises on her?
  • Nov 24, 2012, 06:01 PM
    cdad
    An accusation means little in a courtroom unless its followed up by both proof and a conviction. Right now you don't have enough to go on.
  • Nov 25, 2012, 09:26 AM
    ScottGem
    Quote:

    Originally Posted by Bubblez24 View Post
    But would I still get her back after being accused of putting bruises on her?

    We can't predict. But an accusation has to have proof. And if there is no proof, it should affect things. Also the fact that the father has defied court orders is not going to sit will with the court.
  • Nov 25, 2012, 08:24 PM
    Bubblez24
    Thank you guys so much for helping me understand things.
  • Nov 26, 2012, 03:55 AM
    ScottGem
    You're welcome. Please keep us posted as to what's happening.
  • Nov 27, 2012, 07:37 AM
    Bubblez24
    I will let you guys know.
  • Nov 29, 2012, 02:26 PM
    Bubblez24
    Another quick question, my kids was taken away from me in FL and I just recently moved to GA, if I decide to have another baby down the road after me and my fiancé gets married will DCF try and take this baby from me too since its another state?
  • Nov 29, 2012, 02:33 PM
    ScottGem
    Its unlikely. If you were still in FL they might try, but not if you move to another state.

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