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redhead67137 · Aug 17, 2012, 08:39 AM

2 weeks ago, my wife left me while I waas gone from the house fishing and took my daughter to Texas.. no note, no phone call.. just left and moved to Texas to reconcile with my step-daughters biological father (who has never spent 24 hours alone with her). My wife had gone to Texas with her mother about a month ago and took my step-daughter to meet her father after 11 years.. I guess they ‘clicked’ because 2 weeks later they were gone.She has not called nor has she had MY daughter (our daughter) contact me but has asked her Mother to relay the news that I do have which is that stated above.She has no job and from what I am told, has been staying in motels with this man with my daughter and hers.I am LOST and I don't know what the first steps are to a solution.I love my daughter with all my heart and we have a great relationship.. she wasn't even allowed to say Goodbye to her Daddy…I want to know, what can I do legally to force her to bring OUR child back to Kansas where our home is and has been for many years. I do not want my wife back, she is a liar, a thief, and a cheater.. but I know this has got to be affecting my daughter in many negative ways as it is me….PLEASE HELP?

smoothy · Aug 17, 2012, 08:45 AM

Step one... Hire a Lawyer and go to family court... follow their directions.

Fr_Chuck · Aug 17, 2012, 08:49 AM

Ok, is there a real bio daughter of yours that also went to TEXAS or is it only a Step Daughter

If it is a step daughter, you have little you can do.

If it is a bio daughter that was taken, you hire a lawyer today, file for custody and get a court order to order the child be bought back to your state.

redhead67137 · Aug 17, 2012, 09:26 AM

Yes, we share a daughter (MINE BIOLOGICALLY) and she has a daughter from a previous marriage. I have NO IDEA of what her address is as she is NOT letting anyone know what it is and she has not called nor will she let me call my daughter...

Fr_Chuck · Aug 17, 2012, 09:27 AM

So, you go and file, you may have to hire someone to find her.

redhead67137 · Aug 17, 2012, 09:56 AM

I don't have a lot of money... neither does she, but how would I hire a detective to find her without money? Is that where it all ends for me... where the money ends! I am her biological father and I have rights

ScottGem · Aug 17, 2012, 10:05 AM

First, its not a good idea to piggyback your post on another thread. To avoid confusion I've moved your post to its own thread.

File, in Kansas, for divorce and primary custody of your daughter. I would strongly suggest getting an attorney. Clean out all your joint bank accounts, but keep an accounting. Stop all your joint credit cards. Ask your attorney to file an emergency custody hearing to get temp custody so you can try to retrieve your daughter because she needs to go to school.

I just re read your post and I'm confused. You mention step daughter. Unless you adopted her you have no rights to your step daughter. You also refer to "our daughter", did you have a child with her? If so that's the only child you can ask for custody for.

redhead67137 · Aug 17, 2012, 10:20 AM

I know I have no right to the step daughter, but yes.. we have a daughter together, who is mine biologically...

smoothy · Aug 17, 2012, 10:26 AM

Yes you have rights... but its going to cost something to enforce them.

You could try and find a pro-bono lawyer or look for someplace to take up your cause... but that's going to take time and might not result in anything.

And if you diddle around long enough she might file for and get that custody first which will only make it more difficult for you to get it back.

ScottGem · Aug 17, 2012, 12:11 PM

OK, thanks for clarifying. So do what I advised. ASAP.

redhead67137 · Aug 17, 2012, 03:50 PM

Well, that's something I am afraid of but the Law states she will have to be a legal resident of Texas for 60 days before she is able to file... I am trying to gather some cash together. I wonder if there is a way of finding out where she has them enrolled in school. I could possibly get some information there on her address... or I could also go and pick my daughter up.. I have just as many rights as she does... right? Then she would HAVE to come back to Kansas to fight for her... CORRECT?

ScottGem · Aug 17, 2012, 04:39 PM

You are asking for our advice so follow it. You can't go pick up your daughter until you are awarded custody. Until you are, you both have equal rights to her.

So you have to go to court and you have to file before she can establish residence in TX. You don't necessarily need an attorney to initially file but it would be a good idea. Once you file in KS, you force her to fight it in KS.

And what is more important to you, money or your daughter?

She is in contact with her mother? If you can prove that you may be able to serve her through the mother. If she is hiding your child from you, talk to your local DA and see if you can swear out a warrant for parental kidnapping.