PDA

View Full Version : FL - Dad Left To TX With Child


LostInFL
10-09-2005, 03:58 PM
Please bear with me, this is difficult to write and I'm trying to gain as much information as possible as it seems I keep being told I have no rights.

My husband, who remained living in the same residence/married, has left Florida with my 9 month old infant daughter. I found out by them being gone when I got home from work and a simple note that he'd call when he arrived to let me know she was safe.

I still have no physical address of where they are. The cell phone he had is now dead with no charger. We have conversed online briefly at times and he states he is not returning with her. He has thrown out mental instability on my part which is untrue. I was diagnosed recently with PPD and have been put on medications through my MD and am seeing a therapist. In my eyes that does not constitute mental instability as an unfit mother as I cared for her 16 hours a day soley.

Any advice would be appreciated....as everywhere I turn I'm told he is within his parental rights and do not know where to go next as he knows I cannot just take off to Texas to see her and that alone is restricting my rights to visitation of her.

robinbird
10-09-2005, 05:19 PM
I don't know if I can help but, I will try...How old are you and the man...
Where in Texas? Do ya'll have a legal aide services, are your funds, limited?
Was or has he ever been abusive mentally or physically? I would guess, yes.
What he has done is only make the post partum depression worse, one thing I would do is seek out your local mental health center, document you are recieving help for your depression. Find your legal aid office and have them file a complaint, this sounds like kidnapping...Because he is the father doesn't give him all mighty right to the child...You get somewhere and file a petion
of some sort, like maybe divorce...do it Now, before he does...

Call the FBI, I've done it when the locals would not listen, the FBI made one phone call, I had my baby back within hours...but, he wasn't a million miles away...I must ask, if you are Hispanic or look Hispanic, in Texas he may find a place to blind in. Also, if he has corresponded with you there may be info in your hard drive.

I would first try the local authorities, go to the Department of Human Resources, ask them to help you, not hurt you just because you have a depressive disorder, ask them very nicely, Please help me find my baby.
I know you are afraid of discrimination because you have depression problems,
it's not uncommon and if you were good to your baby, depression happens.

Then go to NAMI, the National Alliance for The Mentally Ill, don't be ashamed
because of depression, you will get better, they may have some legal options or help. Do it NOW.

If the locals won't help you call the FBI, explain your situation, they may,
look into your hard drive maybe find something, but, they will issue an Amber Alert,
You just can't take off with a child, do it NOW! I don't care who advised you,
Honey, I've been there...Make those calls or better go to the departments,
I mentioned, doesn't sound like you had much of a marriage anyway.
You're in my prayers...Robin

elklaw
10-09-2005, 10:34 PM
If the father is in violation of the custody order, you need to file charges against him with the police where you are located and with the police in Texas. You also need to consult an attorney, and go to court and get to court to pursue some kind of emergency custody of the child.

LostInFL
10-10-2005, 04:07 AM
Thank you so much for the advice.

There is no custody paperwork in place as we were married and residing together...he just up and left with her. Attorney's in my area want $6000 retainer to simply start the paperwork...money which I do not have. He left me financially in a position that I cannot even pay this month's bills, much less my rent and am scrambling with family/friends to get those paid. I do have a friend who has done a ton of legal research at a local law school and is filing emergency custody hearing request papers today.

LostInFL
10-10-2005, 04:12 AM
How old are you and the man...
Where in Texas? Do ya'll have a legal aide services, are your funds, limited?
Was or has he ever been abusive mentally or physically?

Robin....

I am 35, him 26.
Lubbock, Texas is where he is as his family is there.
Yes, I have legal aide services where we are however I can't pay my bills, but I make too much for help from them. They say you basically have to be indigent for services. Funds are very limited, non-existent really, yet I can't find anyone who can help based on my salary.
Mentally abusive, yes....physically, no but I have feared for that on multiple occassions.

xena
10-10-2005, 09:31 AM
Thank you so much for the advice.

There is no custody paperwork in place as we were married and residing together...he just up and left with her. Attorney's in my area want $6000 retainer to simply start the paperwork...money which I do not have. He left me financially in a position that I cannot even pay this month's bills, much less my rent and am scrambling with family/friends to get those paid. I do have a friend who has done a ton of legal research at a local law school and is filing emergency custody hearing request papers today.

I'm glad that you are filing for en emergency hearing, because that's the only thing you can do at this time. One of the things that you need to bring to court with you is all of your records from the Dr. who diagnosed you with PPD. Depending on how long you have been on the meds, it may help prove that you are not a danger to your child- which is what you'll have to prove because of your diagnosis.

Where you and him having alot of marital problems before and after the baby was born? If you were, it will help you alot if you have any witnesses or proof of the problems. Basically, your husband will be telling the court that he was afaid that you would hurt the baby without meaning to (because of the PPD) and that is his reason for leaving with the baby. Sadly, PPD has been in the news alot the last several years, alot of mothers have actually killed thier own children, so you will have an uphill battle. The courts usually go on the side of caution where infants are concerned, so you need to prove that you are not in any way a danger to your child. I wish you the best, and you are in my prayers.
Xena :)

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements