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Missouri: Emergency Custody

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  • Missouri: Emergency Custody

    My exwife and I have a 15 month old daughter who lives with her (not my choice). There is no custody established. My ex committed a crime against me, I have a notice of prosecution and it is said that she will go to trial next month. Is this enough to file emergency custody and get my daughter back? My exwife committed a Class A Felony, she may go to jail.

  • #2
    duplicate post

    www.laborlawtalk.com/showthread.php?t=165710
    Last edited by mommyof4; 12-19-2006, 08:09 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      hope this helps

      I am a police officer, if she is put into jail the child will go to you anyway. While she is in jail file for custody.

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      • #4
        Okay. Thank you. But if she doesn't go to jail and gets out innocent, what do you believe my chances of getting my baby back are?

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        • #5
          The key in a situation like this is documentation. Basiclly you are going to have to prove that she is an unfit mother, it's hard but possible.

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          • #6
            I don't believe I have much. I have e-mails of her confessing to smoking weed and drinking alcohol (she's underage). I heard these things won't affect anything unless I have proof that she's done them in front of our baby. I have proof that she doesn't want to share our baby with me, which I know isn't worth much, but I know courts prefer a parent who are willing to share the child. I have the police report. It has documentation of what she did to my home. Even if she doesn't get jail time, the pictures and words of the local police should speak for something.

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            • #7
              The courts are funny about taking a child away from their mother, even if she messes up big time they still give her every chance in the world to make it right before they will take the child away totally. Your best bet is to ask for joint custody with your residence being primary, so at least you will have most of the influence in your childs life. Either way they will let you have some time with your child that the mom cannot take away from you. You need to be the first one to file for custody so you have the upper hand in the situation, and remember to document EVERYTHING even phone conversations, document every attempt you have made to see your child and also everytime she denies you. That will really be the key for you to get primary custody, you won't get full custody unless she puts the child in danger where the child is not safe in her custody. hope this helps I have been dealing with a situation like yours for 2 years now. The way I got custody of my children is that I made it real hard for her to keep the kids. She was not taking very good care of them so DFS got involved and after 2 years of that she had enough of getting in trouble, called me up and gave them up.

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              • #8
                Got $$ ? Hire a GOOD private detective to follow her around. If she's screwing up, he'll document the evidence AND he'll make an excellent witness in your hearings before the judge.

                All is not lost, you just have to start thinking on your feet. Think about being able to prove "unfit" not about whether or not you can get custody. Prove she is not a good parent and the rest will fall into place on its own. I agree that Judges want the child to be with the mother if at all possible but their not stupid either. Too many kids have been harmed or worse by leaving them with a parent that dont make good decisions. Judges realize this and will put honest thought and credence to what you present to them BUT! Do NOT fabricate anything. One lie if found out will call into question the credibility of everything else you said, no matter how true.

                Remember, you can argue about what she's done and what you "think" she might do but nothing speaks louder than facts. With my ex I hired a private detective when I was thinking about leaving. I didnt have any kids by her but I had my suspicions about her activity's. The detective met with me after 3 weeks and asked me what my intentions were if I found out she was unfaithful. I said " well im gone of course". He asked "do you NEED to know she's cheating to end it or do you know its over anyways?" I thought about it and realized that I knew it was over anyways. He closed his briefcase and said " well then, my work is done". I shook his hand, paid him the balance and got on with my life. He "had" stuff on her but he made me realize that I didnt need proof if I was done anyways.

                Not sure where that rant was going but, I do know that a private det can get you the info/proof you need. If its going to make the difference between you getting your child and not, it will be worth it to sell tools and borrow the rest to get the money up.

                I wish you well and I admire your desire to take custody of your child. Allot of guys see it as a chance to be free and start over again. Your an honorable man.
                Last edited by mikswi; 12-25-2006, 05:01 PM.
                This will pass. Life's got bigger disapointments waiting for you.

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                • #9
                  Thank you both for the good replys. I believe that courts favor mothers too. I believe it's wrong. I can't afford a P.I. I don't even have enough money for a lawyer! I wish I did, because I would get so much evidence of all the bad stuff I know she's doing... Thanks for the admiration, mikswi. All the hope people have in me, brings hope to the situation. I have proof of my ex not wanting to share the child, certified letters and all... Emails too. Well, new question. If she doesn't get jail time, just money to pay off for what she stole from me, do you think that would make my chances better? Y'know, her being a convicted felon and all? Also, if she only gets jailed for a month, I can have complete custody during that time, right? Can I fight for custody while she's in jail?

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                  • #10
                    Let me get this straight? Your ex, who is the mother to your child, is underage and was at least 24 months more underage when you and her had sexual relations(I'm guessing she was 14 - 15) and YOU are attempting to prove SHE is unfit? How old are you? Are you also underage? If not, good luck, you just admitted to what is most likely a crime on a public site which can be called into evidence if she finds out.

                    If you are under age, you will need a VERY GOOD lawyer.
                    Last edited by KeyWiz; 12-25-2006, 07:00 PM.

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                    • #11
                      Originally posted by KeyWiz View Post
                      Let me get this straight? Your ex, who is the mother to your child, is underage and was at least 15 months more underage when you and her had sexual relations(I'm guessing she was 15 - 16) and YOU are attempting to prove SHE is unfit? How old are you? Are you also underage? If not, good luck, you just admitted to what is most likely a crime on a public site which can be called into evidence if she finds out.

                      If you are under age, you will need a VERY GOOD lawyer.


                      Oops! I didnt pick up on that I hope you two were the same age at the time of conception.
                      This will pass. Life's got bigger disapointments waiting for you.

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                      • #12
                        Under age could mean she is 20, I believe he was saying she is under age to be drinking alcohol. Anyway they were married according to what he wrote. I don't believe the courts will take into consideration what she did to you unless it was a violent crime, I don't believe it will matter to the judge, although you might be able to use it to show her character, has she always been this type of a person? Does she have a criminal history?

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                        • #13
                          Originally posted by sigd View Post
                          My exwife and I have a 15 month old daughter who lives with her (not my choice). There is no custody established. My ex committed a crime against me, I have a notice of prosecution and it is said that she will go to trial next month. Is this enough to file emergency custody and get my daughter back? My exwife committed a Class A Felony, she may go to jail.
                          Missouri, Wife comiting felony, not allowing visitation, and so on.

                          Been there, If you are in the south central part of the state, pm me. I have a top man to recomend. Otherwise, all your paperwork combined with the court documents matter little in MO.

                          I have had DFS file false charges against me on my children. The same vindictive worker lied on the stand. We called every person that she quoted in her deposition, and they all denied (in front of her and the judge) saying what she claimed. These were not ordinary people, but police, and medical personell!

                          Bottom line, you need a lawyer. Go for shared custody. It is not about you, but the child. You will be a bigger hero in her eyes by being kind to her mother. (the woman you once loved enough to make a baby with)

                          Comment


                          • #14
                            Originally posted by sigd View Post
                            My exwife and I have a 15 month old daughter who lives with her (not my choice). There is no custody established. My ex committed a crime against me, I have a notice of prosecution and it is said that she will go to trial next month. Is this enough to file emergency custody and get my daughter back? My exwife committed a Class A Felony, she may go to jail.
                            You say she committed a Class A Felony... but honestly, you are thinking WAY TOO FAR AHEAD. I'm not a lawyer, but unless she has a criminal past, AND it was a violent offense, she'll probably get it reduced. It sounds to me like she broke into your home and stole stuff. That simply doesn't seem like enough to send her to jail (especially if it's her first offense).

                            Meanwhile, unless she is violent and/or neglectful, your visitation agreement will probably stand. A judge won't remove the child from her because the mom has a criminal case pending.

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                            • #15
                              Originally posted by MomofBoys View Post
                              You say she committed a Class A Felony...It sounds to me like she broke into your home and stole stuff.
                              Class A could also be a serious drug offense too - like a large quantity on her possesion
                              This will pass. Life's got bigger disapointments waiting for you.

                              Comment

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