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twaugh131230 · Jul 24, 2007, 08:37 PM

Well, this is a really long and complicated story. It all started when I moved from New york stare to South carolina with my 1yr old child away from her father. He wasn't the nicest man out there. I wanted a better life for my child. I moved to South carolina and he fought me for custody and I have physical custody of her. About 2003 I got into a rally bad relationship where the guy beat me all the time and my daughter got taken away from me and got placed with my parents. It is now 2007 Well in 2004 I had a son and he was also placed in foster care, but anyway I was able to get him back January of 2005 due to good living and being in a stable environment. So I went 2yr with not having my daughter back and just visiting her. Well June 2007 My parents sated that they were letting her move to New York back with her father because he was in a good environment. Anyway I started doing my research and the social services down here called me and informed me that they found a court paper stating that I should have had custody back in 2005 when I got my son back. No one informed me. By this time my parents already took her to ny. She is a resident in South Carolina and I have contacted the polica down here and up in New York and they all say as long as I have papers staing tha ti shouldve had her back wheither it was 2yr ago or not that I am able to go get her. But I guess my question is that is there anything I should be aware of, because her father states that he can have me arrested if I try to come get her. O r do you have any advice for me. Plan to leave South Carolina August 17th 2007. Please help with anything you have for advice

GV70 · Jul 24, 2007, 08:42 PM

WOW!!
I am confused about the reasons for your parents to prefer as a main caretaker the father-not you... Second-two years... you missed all limitations and it could be possible for court to see your behavior as CHILD ABANDONMENT.

twaugh131230 · Jul 25, 2007, 04:17 PM

Well, it wasn't my choice not to have her for two years... My parents at the time the kids got taken away were given legal guardianship of my daughter and they di not want my son , but anyway so they would not give her to me and I tried everything in my power to get her back, I followed all there rules for seeing her and all their rules for getting a bigger house and I did that and they told me that they would give her back as soon as I did all that. It was two years until I actually found out that I could have had her back when I got my son back out of foster care... Sorry for the miss understanding. I didn't mean to come across like a bad mother tha thas abandoned her daughter cause I would never in my life ever do a thing like that. Please help me I need someone's advice ASAP... :mad: :confused::(

GV70 · Jul 25, 2007, 04:21 PM

Originally Posted by twaugh131230

Well, it wasnt my choice not to have her for two years... My parents at the time the kids got taken away were given legal guardianship of my daughter and they di not want my son , but anyway so they would not give her to me and i tryed everything in my power to get her back, i followed all there rules for seeing her and all their rules for getting a bigger house and i did that and they told me that they would give her back as soon as i did all that. It was two years until i actually found out that i could have had her back when i got my son back out of foster care... Sorry for the miss understanding. I didnt mean to come across like a bad mother tha thas abandoned her daughter cause i would never in my life ever do a thing like that. Please help me i need someones advice ASAP...:mad: :confused::(

It is not about missed understanding... you are in Family law forum... I try to think and answer legaly... not emotionaly.:)

GV70 · Jul 25, 2007, 04:26 PM

Give me the answer-does your ex-husband have court ordered custody and what was stated there? It is a very important question.

twaugh131230 · Jul 25, 2007, 04:39 PM

The paper states word for word that Accordingly, and not with standing the law guardian's excellent report, custody of the child is awarded to the respondent(myself) and the petitioner(husband) jointly, with primary physical residence with the respondent(myself)

It also states that the father get nine weeks a year, no less than three weeks at a time and must noitfy me four weeks in advance of when he wants said child...

ScottGem · Jul 25, 2007, 04:53 PM

OK, What you need to do is this. Take a copy of the court order and go to NY and go first to the local police station where your ex lives. Explain that you have come to take custody of your daughter as per the court order, but that your ex has indicated he won't hand her over. The police should then accompany you to pick her up.

An alternative is to to talk to your lawyer and have them contact an attorney in NY who will arrange with police or social services to accompany you to get your daughter back.

Do NOT under any circumstances go alone or just try to take her. You have the law on your side, so use it.

GV70 · Jul 25, 2007, 04:58 PM

The situation is very complicated... who gave the legal guardianship of your daughter to your parents? The main problem is the fact that states do not have good exchange of information and it is very possible your ex to have custody rights awarded by NY court. In my opinion you have to reopen the case.