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    lydiastewart's Avatar
    lydiastewart Posts: 5, Reputation: 1
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    #1

    Aug 31, 2008, 05:02 AM
    Child Custody
    Hi

    My name is Lydia and my son and girlfriend and their daughter had moved into our house, There was fighting all the time so I kicked his girlfriend out of our house and told her that their daughter and my son could stay, she took their daughter with her when she moved out and then decided that she didn't want her, so she gave her to our son on 03/23 of this year, she moved to another state with another guy and came down yesterday to visit her daughter and took her after she lived with us for 5 months. My question is there anything that we can do about this to get her back. I asked her all week if she wanted to see her Mom and she said no. I don't know what to do there isn't anything done through the courts but she abandoned her and now decided that she wanted her back.

    PLEASE HELP!!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 31, 2008, 06:02 AM
    1. There is nothing YOU can do

    2. back in March your son needed to file for full custody and get the girlfriend to agree.

    3. NOW. If he is on the birth certificate he files for custody but at this point it will be harder since she has the child but her leaving the child for that long will help the case. After that if he is not on the birth certificate he will still have to file but will have to prove he is the father with DNA test.
    lydiastewart's Avatar
    lydiastewart Posts: 5, Reputation: 1
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    #3

    Aug 31, 2008, 11:40 AM
    He is on the birth certificate and his going to file for custody on Tuesday because the courts are closed until then. If he goes and picks her up is there anything that she can do?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 31, 2008, 11:51 AM
    Well if he can get the child in the car and drive off, nothing,

    She can not answer the door, she can call the police and tell the police he pushed her ( locks him up and almost ruins his chance of possible custody since he is abusive)

    She can hide the child,

    The list of what she can do is long. Now if he has to go down, he does it like he loves her to death, wants her back, going to bring her money and so on, and lie his way into getting the kid into his car.

    *** if she has filed any type of temp custody in her state of course that changes a lot of things (
    isabelle's Avatar
    isabelle Posts: 309, Reputation: 31
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    #5

    Aug 31, 2008, 12:26 PM
    As long as your daughter has the child in your house... keep her there. In my state whoever the child is with carries a lot of weight. There are other issues that your daughter can use, abuse being one of them. Your daughter must do all of this. You can support her but she has to do the work.
    Lots of luck.
    lydiastewart's Avatar
    lydiastewart Posts: 5, Reputation: 1
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    #6

    Aug 31, 2008, 04:26 PM
    It was actually my son who had his daughter, then he lets her mother come to see her and she takes her to another state. I'm not sure how much it will help him considering that he had her for five months and then she decides all of a sudden that she wants her, I don't think that she wanted her she just wants to hurt us and live off the state which she has her whole life.
    isabelle's Avatar
    isabelle Posts: 309, Reputation: 31
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    #7

    Aug 31, 2008, 04:45 PM
    Oops my bad. Just insert son for daughter. I am so sorry for my mistake.
    I think you may be right. A lot of parents use children in order to hurt the other person. I believe you when you say that some parents want children in order to receive money from the state. What a shame.
    lydiastewart's Avatar
    lydiastewart Posts: 5, Reputation: 1
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    #8

    Aug 31, 2008, 05:38 PM
    That's okay. I just hope he can win. I love her and miss her so much my husband and I spent a lot of time with her and played with her. I just wish that there was something that we could do to get her back in a stable home.
    lydiastewart's Avatar
    lydiastewart Posts: 5, Reputation: 1
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    #9

    Aug 31, 2008, 06:50 PM
    Is there such a thing as custodial interference in the state of West Virginia
    isabelle's Avatar
    isabelle Posts: 309, Reputation: 31
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    #10

    Sep 1, 2008, 06:49 AM
    Quote Originally Posted by lydiastewart
    that's okay. I just hope he can win. I love her and miss her so much my husband and I spent alot of time with her and played with her. I just wish that there was something that we could do to get her back in a stable home.
    Lydia, I really feel for you. Your story breaks my heart.
    Your son sounds like a very good man, and that is because you are such a good Mom.
    It will be hard, but keep up the good fight. Remember that you need legal advice so contact a lawyer as soon as you can.
    Good luck and please keep us informed. If you need a shoulder to cry on, I know myself and others will be glad to supply one.
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