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luvdogs74 · Jan 28, 2008, 08:52 AM

My husband and I are split up and we are filing for divorce, I currently staying with my mother till I get financially stable again.He took the car and everything.So I'm starting over.We have a 4 yr old daughter together and he took her over the weekend,He called Friday night and then he never called the rest of the weekend and wouldn't answer his phone so I could check on her,He has a new girlfriend and he stayed there and made our daughter sleep on a pallet in the floor and she came back home throwing up and very sick.Come to find out that he wasn't even going to bring her back until he felt necessary.She lives with all the time.What can I do so that he won't be able to take her next time,I ended calling the police and they had eventually found him and spoke with him Because I didn't know where he went with our daughter.We are filing for divorce as soon as my income tax money comes but is there anything I can do until then to stop him from taking her.

Angie

ScottGem · Jan 28, 2008, 09:13 AM

You NEED to talk to an attorney NOW. Shop around, you should find one that will wait to get paid.

But you need to petition for custody and visitation NOW, before he disappears with your daughter.

JudyKayTee · Jan 28, 2008, 10:52 AM

[QUOTE=luvdogs74]My husband and I are split up and we are filing for divorce, I currently staying with my mother till I get financially stable again.He took the car and everything.So I'm starting over.We have a 4 yr old daughter together and he took her over the weekend,He called Friday night and then he never called the rest of the weekend and wouldn't answer his phone so I could check on her,He has a new girlfriend and he stayed there and made our daughter sleep on a pallet in the floor and she came back home throwing up and very sick.Come to find out that he wasn't even going to bring her back until he felt necessary.She lives with all the time.What can I do so that he won't be able to take her next time,I ended calling the police and they had eventually found him and spoke with him Because I didn't know where he went with our daughter.We are filing for divorce as soon as my income tax money comes but is there anything I can do until then to stop him from taking her.

Go to Family Court in your area right now - explain the situation with an Attorney, explain the situation when your husband had your daughter, tell them everything and see what they can recommend. And do it now! This is an emergency situation and they "should" act quickly.

I'm sure you realize he is not entitled to take everything and make up his own visitation rules. Let the Courts decide.

cdad · Jan 28, 2008, 02:37 PM

Keep in mind when you file your complaint against him not to go too far overboard with it as that can work against you. Try to remember your both stressing and its best to serve your daughter as needed then to start lying to get even or to try to sway the courts in your favor.

Fr_Chuck · Jan 28, 2008, 03:23 PM

Well first there is nothing you can do to stop him from visiting or even having joint custody of the child, as long as he is not a threat to her.

You can file for temp custody and your ex can counter of course and file for joint custody. Rememeber he has as much legal right to just keep the child as you do, and as much legal right to file for temp custody as you do also.

And to be honest there is nothing the police can do, even with court orders in place, the police will still just say it is a civil matter

cdad · Jan 29, 2008, 04:41 PM

Originally Posted by Fr_Chuck

Well first there is nothing you can do to stop him from visiting or even having joint custody of the child, as long as he is not a threat to her.

You can file for temp custody and your ex can counter of course and file for joint custody. Rememeber he has as much legal right to just keep the child as you do, and as much legal right to file for temp custody as you do also.

And to be honest there is nothing the police can do, even with court orders in place, the police will still just say it is a civil matter

I guess that depends on where you live. In California if your papers show its your time with the child they will take the child from the other parent. I had seen it happen before when a mom refused to give up a child for visitation but that's so traumatic to go through I hope for no one that it ever goes that far.