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sunbunny1822 · Dec 18, 2010, 01:18 PM

My daughter and her husband have lived with us for the last 8 months. They have a 2yr old child. Recently my daughter told her husband she no longer wants to be with him. As of yet there is no divorce or even legal separation. In the beginning she moved into a downstairs bedroom, while he was upstairs. He made it so miserable for him to be around her that she chose to move out. She asked us to let him stay until he finished the semester at school. The baby was living here with us and her dad. Whenever he wasn't at home, my daughter came to spend time with the baby. He left last week to move 3 hrs away to live with his family. They had a verbal agreement that he would have the baby for two weeks and then they would meet in the middle and she would have the baby for two weeks. Now he is refusing to let her have the baby. What can she do legally? She has just enough money for providing a home for her and the baby (when she gets her) and not much for a lawyer and court fees. We are in the same boat.

The situation has changed slightly and we are not sure what to do. We are going to the courthouse on Monday to file Petition to Establish a Parenting Plan unconnected with a Dissolution of Marriage. However, my daughter called the house he was supposed to be living at to talk to the baby. He is not living there. She was able to call him on his cell phone, but he refuses to let her talk to the baby or skype with her to see her in person. He also said when we come to pick her up for My daughters two weeks, good luck finding her. Is this parental abduction? Can we call the police and have them help us find her and get her back with my daughter? Obviously he does not have the best interests of the child at heart.

cdad · Dec 18, 2010, 03:36 PM

You need to call the FBI and explain it. The fact that he is hiding the child is the major point that can make it kidnapping.

Fr_Chuck · Dec 18, 2010, 08:56 PM

If there is no filing for divorce, and if there is no custody agreement, I am not sure there is any crime at this point assuming he is on the birth certificate or had paternity established. Since of course is legally the father he has full rights to be with and take the child, the same as she does.

The fact he is hiding the child will hurt him in court when she gets there.

Is he still in school, has anyone followed him to see where he is living ?

adthern · Jan 10, 2011, 08:08 AM

There should be a child neglect reporting system in place. If you or she has concerns for the baby contacting the state via this system will aid in finding the child and cost nothing. The downside of getting the state involved is that if there is any reason she could be found "unfit" she would need to defend herself in court. Most states, I do not know about FL specifically, allow for appointment of attroneys when the state is petitioning for the best interests of the child (maybe that's a way to get an attorney at a lower cost?).

Also, she should look around the area for legal aid groups that specialize in this type of custody issues.