[cainec]

I live in Florida and my girlfriend keeps threatening to take our son and leave me to go back to Ohio. How can I stop her from taking my child out of state? What are my rights?

[Fr_Chuck]

Who has legal custody right now, have you been to court to establish custody and visitation ?

You file and get joint custody /or visit and have it included she can not leave a specific area.

[cainec]

No I have not and now she had her grandpa and uncle drive from Ohio to central Florida in the middle of the night and tried to take him I called 911 and the sheriff told her she was not aloud to take our son out of the county or state or she would be arrested. So she took all of my sons possesions even the crib and loaded it up in her grandpas van to take back to Ohio. I begged her to not take his stuff but with the officer already gone and warning us both that if he comes back out he was going to let hrs handle it. There was nothing I could do. So she's still here my son still here and I had to go buy all new clothes for him today and she keeps threatening that her lawyer will have this taken care of Monday... I just wish she would just stop and think about what's best for our child...

[cdad]

How old is the child and are you on the birth certificate?

[cainec]

Yes I am on the birth certificate and the child is 3 months

[cainec]

Hello I am a new father living in polk county Florida. I have a 4 month old son. My ex tried taking off with him to Ohio on Friday the 6th. I called 911 she was advised she could go anywhere in polk county, Florida ut not leave the state, as we are not married. Therefore we both had equal rights to custidy with or with out each other. Taking that advice I called the local sheriffs office Sunday the 8th informned them I was leaving ut staying in polk county. They called after she called to report me gone, confirmned I had our child in my care, told me to have a nice night and that was that.
Then on Tuesday the 10th she filed false domestic violence charges on me the local sheriff called me told me they just needed to check on our son make sure he was OK. I cooperated and when they showed up I was placed in cuffs, took to jail, and mother granted temporary custidy of our child while she lives in a shelter. The police report says the officer observed no marks on her. I am on the birth certificate. Her domestic violence aqusation the only steps to custidy taken and also she filed false rape charges in the same county.

Now my question I cannot afford legal representation. My hearing for custidy is tues. the 23rd. I need any advice or contacts anyone might know that can help me etter represent myself in court will be greatly appreciated. Thank you all and god bless.

Senciouirly,
Daniel

[this8384]

hello i am a new father living in polk county florida. i have a 4 month old son. my ex tried taking off with him to ohio on friday the 6th. i called 911 she was advised she could go anywhere in polk county, florida ut not leave the state, as we are not married. therefore we both had equal rights to custidy with or with out each other. taking that advice i called the local sheriffs office sunday the 8th informned them i was leaving ut staying in polk county. they called after she called to report me gone, confirmned i had our child in my care, told me to have a nice night and that was that.
then on tuesday the 10th she filed false domestic violence charges on me the local sheriff called me told me they just needed to check on our son make sure he was ok. i cooperated and when they showed up i was placed in cuffs, took to jail, and mother granted temporary custidy of our child while she lives in a shelter. the police report says the officer observed no marks on her. i am on the birth certificate. her domestic violence aqusation the only steps to custidy taken and also she filed false rape charges in the same county.

now my question i cannot afford legal representation. my hearing for custidy is tues. the 23rd. i need any advice or contacts anyone might know that can help me etter represent myself in court will be greatly appreciated. thank you all and god bless.

senciouirly,
Daniel

I'm not sure what type of help you're looking for. Are you asking about your custody case, or are you asking about the domestic abuse charges?

In regards to your custody case: are you listed on the birth certificate? Did you sign a paternity acknowledgment? Have you been to court already regarding custody/visitation/child support/etc?

In regards to your domestic violence case: What did she tell the police? I've seen police reports where both parties were fighting and the police merely separated them; if you were actually arrested, there's more to the story.

You stated that she also filed a complaint that she was raped. Was this also against you, or was this against another individual?

EDIT: After reading your other posts, I've realized that you are the legal father - you stated that you are listed on the birth certificate. I've requested that this thread be combined with your original, as it's dealing with the same situation and gives more information about the situation.

[cainec]

Here perhaps this will fill the story in a little better plus as far as what she told the cops I don't know I was told the police report is not in yet I left the residence with our child two days before arrested and before charge wore filed but I do know the officer observed no markings



False domestic violence allegations
Hello everyone, I live in Polk County Florida. To make a long story short.

March 5th my girlfriends family showed up at 2 in the morning and tried to

Take our son and run. I called 911 and put a stop to it. She still took all of

His belongings to Ohio while she remained living at our residence. March 7th I

Overheard her planning on trying to run off with him again so I took our son

And left after first notifying the local sheriff I was doing so. They later called

And confirmed I had him with me then said thank you have a nice night. After

4 or 5 times calling the sheriffs back to our residence within 48 hrs, she filed

False dv charges on me. On march 9th I received a call from a sheriff saying

That they just needed to physically see that our son was safe and in no

Harm. I cooperated and gave them the residence I was residing at. When

They arrived I was told to put my hands behind my back I was under arrest. I

Was arrested for dv and temporary custody of our 4 month old child was

Granted to her, as she was escorted to a local dv shelter and I jail. The

Police report stated the officer observed no markings on her and the

Allegations were that I was pushing her around all week long. We have a

Custody hearing on the 23rd of march. I am afraid the judge will let her take

Our son to Ohio as she originally tried to do. Having to go buy all new

Necessities and having to pay to bond out has put my finances at a

Temporary setback. I need any advice I can get on what action to take now

To defend myself, being that I am limited on funds. Temporarily.


(Here are a few facts that might help with any advice you might have.)


1. all events occur in Polk County, Fl.
2. we have been together for 1 and 1/2 years and are not married
3. we have resided with my Mother for the past 6 months
4. yes, my name is on the birth certificate
5. I have an extensive petty criminal record, (with this being my first domestic violence charge) as she has very little on hers.
6. since she has had temporary custody she has refused my family any right to see him or even acknowledge that he is safe and in good care.
7. Her filing the temporary custody for dv is the only custody filed at that time.
8. Our date in court for the temporary custody hearing is set for March 23rd.
9. Our son is my only child and he means the world to me and his grandma.
10. His happiness and well being is my first concern in this matter, and I do think he needs a mother and father in his life, as well as his extended family he has an emotional bond with so far in his life.

My question('s) once again is/are,

How do I defend myself? Where do I start? What actions should be taken?
Most importantly, How do I handle this situation being that I am currently indigent. What can I do to prepare/resolve this issue in a timely manner?
What are my rights?

Thank you for your support.

Sincerely,
Daniel

[this8384]

here perhaps this will fill the story in a little better plus as far as what she told the cops idk i was told the police report is not in yet i left the residence with our child two days b4 arrested and b4 charge wore filed but i do know the officer observed no markings



False domestic violence allegations
Hello everyone, I live in Polk County Florida. To make a long story short.

March 5th my girlfriends family showed up at 2 in the morning and tried to

take our son and run. I called 911 and put a stop to it. She still took all of

his belongings to Ohio while she remained living at our residence. march 7th i

overheard her planning on trying to run off with him again so i took our son

and left after first notifying the local sheriff i was doing so. they later called

and confirmed i had him with me then said thank you have a nice night. After

4 or 5 times calling the sheriffs back to our residence within 48 hrs, she filed

false dv charges on me. On march 9th i received a call from a sheriff saying

that they just needed to physically see that our son was safe and in no

harm. i cooperated and gave them the residence i was residing at. When

they arrived i was told to put my hands behind my back i was under arrest. I

was arrested for dv and temporary custody of our 4 month old child was

granted to her, as she was escorted to a local dv shelter and i jail. The

police report stated the officer observed no markings on her and the

allegations were that i was pushing her around all week long. We have a

custody hearing on the 23rd of march. I am afraid the judge will let her take

our son to Ohio as she originally tried to do. Having to go buy all new

necessities and having to pay to bond out has put my finances at a

temporary setback. I need any advice i can get on what action to take now

to defend myself, being that i am limited on funds. temporarily.


(Here are a few facts that might help with any advice you might have.)


1. all events occur in Polk County, Fl.
2. we have been together for 1 and 1/2 years and are not married
3. we have resided with my Mother for the past 6 months
4. yes, my name is on the birth certificate
5. I have an extensive petty criminal record, (with this being my first domestic violence charge) as she has very little on hers.
6. since she has had temporary custody she has refused my family any right to see him or even acknowledge that he is safe and in good care.
7. Her filing the temporary custody for dv is the only custody filed at that time.
8. Our date in court for the temporary custody hearing is set for March 23rd.
9. Our son is my only child and he means the world to me and his grandma.
10. His happiness and well being is my first concern in this matter, and i do think he needs a mother and father in his life, as well as his extended family he has an emotional bond with so far in his life.

My question('s) once again is/are,

How do i defend myself? Where do i start? What actions should be taken?
Most importantly, How do i handle this situation being that i am currently indigent. What can i do to prepare/resolve this issue in a timely manner?
What are my rights?

Thank you for your support.

sincerely,
Daniel

Who has been the primary caregiver to the child since he was born? Who worked and who stayed home with the baby? In order to gain primary custody, you need to be able to prove that the child's best interests will be met by residing primarily with you and not relocating with his mother and her family.

I'm sure you don't want to hear this, but your record is not going to swing things in your favor. Aside from your most recent arrest on the DV charges, when were you last in trouble with the law?

Also, who did she file a complaint against for rape? Was it you or another individual?

[cainec]

Another individual, also I am not asking for sole custody. I just want to be an equal part of our sons life I strongly feel a child needs a mother and father in his life. The last time in trouble was in 03 for v.o.p. In which I have received my diploma and attended college to better change my life since then. The primary caretaker is arguable, I'm really not sure.

[Fr_Chuck]

So since this thread started, have you gotten an attorney, have you filed an emergancy custody order, and a order for her to return to the state with the child

Nothing is going to happen until you start using the court

[cainec]

She has not left the state yet. She has attempted but I called 911 and they told her she can't go. Two days after I left she filed false dv accusations and therefore received emergency temporary custody first. I was at a separate residence when arrested and the officer who filed the complaint is not the same officer that arrested me. I tried to press charges on her while being arrested and was told by the arresting officers that they did not file the original claim and to file a counter claim I would have to talk to the officer that filed the complaint. I went to the sheriffs department personally to press charges and was told the same thing as the other officers told me. I was denied of any way of getting in touch with the officer with the exception of being told they'll leave him a note and he will call me when he can. I was not even aloud his name. Plus was told the police reports were not in yet. What else can I do to file a counter claim except wait and prey?

"Also, I am in need of attorney by this Tuesday. Do you have any recommendations?"

[cainec]

OK so went to court got called a strait out liar. I see now attorneys the only way looking for a second and third job. I am currently searching for the best attorney I can find in family law in polk county Florida. Does anybody got any suggestions?

[this8384]

My circumstances were a bit different, so I was able to get it beforehand but my experience was that they would not release the DV police report until after the initial hearing, depending on what happened there. So I don't think you're being given the run-around, I think that's just standard procedure.

As for attorneys, I'm not sure what to tell you. You can try LegalFish.com which is where I found an attorney before. It took 2 or 3 postings before someone responded, but the attorney we hired ended up being great.