![]() |
|
|
#1
|
|||
|
|||
|
Indiana. I am the father of a beautiful 2 year old to which the mother has custody. I am recently married. I have always paid child support even before we went to court. She has been repeatedly not allowed me to see my daughter even with a court visitation schedule. In the real world, the courts will still do nothing. I know, i have already tried once. I have written down every instance when she hasn't allowed me visitation. Not only that, my daughter has a foot condition that needs immediate surgery when she was one. her mother has eluded me and continues to change doctors and not keep me informed of her condition. I recently found out that several doctors have dropped the mother and daughter as patients because of missed appointments and no-shows. The mother does not work. I also found out she is on a porn-site and has taken pictures at her home where my daughter resides. I'm afraid it is still not enough to get custody of my daughter. What or how do I get my daughter and do I have enough to obtain custody? Can an attorney even help me or am i wasting my time again?
Last edited by dlee3673; 03-25-2005 at 05:37 PM. |
|
#2
|
|||
|
|||
|
Set up a time to exercise visitation with your daughter. Contact the police ahead of time or if you go there and are not allowed to visit, call the police with a copy of the visitation order and state that you are not being allowed to exercise your court ordered visitation. If nothing else, you will have two objective witnesses for the modification of custody hearing if you want to seek a change in the custody and visitation. If you file a petition for modification, the court has to rule on it at some point and will hold a hearing. Don't give up so easily and do not be afraid to call the police to come out when you seek to exercise the court's order as police have to respect a court order. Some will stay out of domestic situations, but insist that they carry out their duty.
|
|
#3
|
|||
|
|||
|
Well, wish me luck. My day is finally coming. If you have read my thread you might understand just a little of whats been going on. After 3 failed attempts to get her in court, my day is finally coming. My wife and I have kept accurate records for the past year. Nothing much has changed. Only now my ex is trying everything to get along with me. I am not falling into that trap. I have over 40 instances where she wouldn't allow me to see my daughter and I also believe I have every medical record now after some investingating. She is still doing the porn sites and have since moved my daughter again for the third time in two years. My "thread" doesn't even touch the scale of the hardaches I have been through with this whole ordeal. But I followed the law, and took the advice of an excellent attorney. With evidence that we have, all we need is the judge to okay the drug testing and I should win custody. Wish me luck. With prayers and hope, maybe the law will finally make a decision based on childs well-being, and not just what is usually customary for parental rights. Please pray for my wife and I and my daughter. I will update after court.
|
|
#4
|
|||
|
|||
|
I am so glad you finally have a court date. My court date is in 2 days. My ex. wants child support lowered while he has not made a payment for months. I say payment. What that means is the Office of Recovery Services receives the child support from his work. He is now an independant contractor so the kids have no child support. He is $37,000 behind. Pocket change.
Anyway I am so very glad for you. When you post to tell us how things went I will get notified by e-mail that you have written back. It is so sad that sweet little kids get put through so much. Enjoy her when you get her. My prayers will be with you and also don't forget to pray if you are comfortable with that. I don't know what else to say except good for you documenting everything. Yea! |
|
#5
|
|||
|
|||
|
One thing I do know about custody rights, if a parent hasn't been terminated then they have the right to participate in the decisions of their children. Her hiding doctor records and everything else about your daughter should constitute that she will never respect the courts decisions and thus should be over-turned. Courts now at days are being more fair and not just granting custody to the mothers, so since times have changed you should have a chance. Let us know.
|
|
#6
|
|||
|
|||
|
Quote:
__________________
I know that you believe you understand what you think i said, but i am not sure you realize that what you heard, is "NOT" what i meant!!
|
|
#7
|
|||
|
|||
|
court was delayed again. her own public defender attorney dropped her for non-compliance. she never made an appointment with him. We will go at it again at the end of October. It has now been over a year to get into court. It isn't getting any better.
|
|
#8
|
|||
|
|||
|
I am so sorry things got delayed again. I wonder if you can petition the courts for an emergency hearing because of the pornography. Good luck. I wish you the best. Keep praying.
|
|
#9
|
|||
|
|||
|
Quote:
I'd concentrate on foot issue and indicate she is not giving her the proper medical attention. Just my $0.02. ~peace~ |
|
#10
|
|||
|
|||
|
I don't know if this is possible, but worth looking into. Try filing a protective order on behalf of the kids for temporary custody. You have to fill out paperwork stating why you need emergency protective order filed, and if your evidence is sufficient, you may be able to get custody immediately and then a hearing will be set to stand before a judge and plead your case for why it is in the best interest of the kids that you gain temporary custody, and if that is granted, then you can have temporary custody of her while you file to modify permanent custody (which can take a long time).
We had to do this once with my step kids, we got the protective order in 2 days, we had to find out where she was hiding the kids and had a sheriff pick them up. We had them in our custody for 3 weeks before our hearing, by that time she cleaned up her act and was able to get them back, so we were not granted temporary custody, but the problems at the time were enough to give us immediate custody under the protective order. good luck. |
|
#11
|
|||
|
|||
|
Well, thank you for everyone's support. We are still waiting for our next court case. I'm very anxious. I just had a protective order approved by a judge to stop the mother from coming to my home. She tried to take my daughter during my visitation at 4 am drunk. Police stopped her. Please pray for me and my daughter and wish us luck. God Bless
|
|
#12
|
|||
|
|||
|
Quote:
I would take the police report and possibly do as suggested in filing for custody of the child based on this event and medical reasons. |
![]() |
| Thread Tools | |
| Display Modes | |
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Is it legal to hire a surrogate mother in Michigan? | Devyn | Michigan Family Law | 2 | 02-07-2008 10:18 PM |
| What Should I Tell My Mother? | confuseddaughter | Domestic & Abuse | 1 | 05-11-2005 07:09 AM |
| Is it legal to hire a surrogate mother in Michigan? | Keanu | Michigan Family Law | 1 | 05-05-2005 12:16 AM |
| mother moved to different state Help 911 | tanyarounds | Child Custody & Support | 1 | 04-25-2005 01:00 PM |
| Custody Rights | shontell | Family Law | 3 | 11-29-2004 03:05 AM |