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    kristina19's Avatar
    kristina19 Posts: 1, Reputation: 1
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    #1

    Nov 27, 2006, 09:49 AM
    My ex has temorary legal custody of our 14 month old, how do I get her back?
    My ex and I were never married, Im 19 and he will 42 this year. I was only 17 when I had her. Our relationship was never a good one, he was always drinking. He's got a lot of mental health issues. This past July he kicked me and my daughter out, changed the locks and got a restraining order against me. So I moved about 2 hours away and attempted to start a new life for my daughter and I. We had an open case with DSS for domestic violence so I had to keep in contact with them. They never really mentioned much that her father even wanted to see her let alone get full custody of her. So I recently started to take her to visit him. Last week I went back to pick her up and he wouldn't allow me to take her. He claims he has temporary legal custody? I was never informed. Why? Im her mother. How can he be fit to care for her when he's not only an alcoholic but he's a diagnosed bipolar schitsaphrenic. Hes lied to the courts about me using drugs, being a prostitute and several other things. Help! I want my baby girl back. What do I do?
    serialwife's Avatar
    serialwife Posts: 117, Reputation: 16
    Junior Member
    		  
    #2

    Nov 27, 2006, 04:49 PM
    Kristina,
    Did he show you a court order stating that he has custody of your daughter? If not he doesn't have temporary custody and you both have equal rights. In order for him to get custody you would have had to be served with some kind of paperwork either and Emergency custody order stating the reasons he believes you unfit or a Emergency Protection Order again stating why you are unfit. Both sets of papers would have given you a date to appear in court. No one can give custody except a judge. Did DSS give him your child? When you go to court you need an attorney.. ask for them to appoint a lawyer if possible. If you have more questions message me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Nov 27, 2006, 04:56 PM
    Heather is correct, there is no way he could get any sort of custody without you being served notice of a hearing. I would contact the local police and accuse him of kidnapping.

    Also check with DSS, they would know if he even applied for custody. But it certainly sounds like he snowed you.

    Another aspect of this is, if you had the child when you were 17, the odds are you started having sex with him at 16. He could be guilty of statutory rape. I really think you need to talk to the police.
    serialwife's Avatar
    serialwife Posts: 117, Reputation: 16
    Junior Member
    		  
    #4

    Nov 27, 2006, 05:00 PM
    Scott could be right about statutory rape. Discuss the age of consent in your state with local law enforcement. Oh, be aware that if you begin a custody battle both parties could be asked to submit to drug screens, home evals and psych evals.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 27, 2006, 08:16 PM
    You need an attorney and file in court for custody, basically without a custody hearing you both have just the same rights to have the child.

    He is the father, you are the mother, so go to court to get a court order.
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