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andresbmx92 · Nov 28, 2011, 03:28 PM

My duaghter is now 7 months old, My daughter and my ex lived in my house since my baby was born. When I found out she had secretly planned to leave to another country with my daughter with or without my approval, I kicked her out and now I've consulted a lawyer to see what I can do to preserve my rights as the child's father.
Since I've kicked her out she took my daughter away and I haven't seen her since. ( already 3 weeks ) The child has my name and everything. We both shared the costs for the baby.
Whatever I say she won't change her mind about leaving the country.
I want to stay with my rights and I want us to split custody. But with she moving I really think the baby is better of with me here. Since I have a stable home and income. Unlike her.. please help me out here

joypulv · Nov 28, 2011, 04:17 PM

Please answer below where you live (country, state).
Also if a DNA test has been done, and what the lawyer has said so far.

ScottGem · Nov 28, 2011, 04:17 PM

Umm you kicked her out, THEN consulted an attorney. That was backwards.

First, are you on the birth certificate? She should not be able to take the child out of the country with the approval of both legal parents.

Second, what does your attorney suggest?

Third, if you are the legal father and she is hiding from you, you should be able to swear out a warrant for parental kidnapping.

Fourth, I think you may have a hard time convincing a court that you are better option as custodial parent. The court is going to see that you kicked the mother and child out of their house (an illegal act by the way). They are going to wonder where your concern for the child was then.