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My daughetr is with her father and hes refusing to give her back of even let me see her. What should i do?

Custody Battle

Answer Question

Asked by lovenia2008 at 2:57 PM on Jan. 10, 2009 in Babies (0-12 months)

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Answers (12)
  • talk to your lawyer.

    Answer by Anonymous at 2:58 PM on Jan. 10, 2009

  • Call your lawyer and the authorities

    Answer by Anonymous at 3:00 PM on Jan. 10, 2009

  • Call your lawyer immediately as well as the Police.

    Answer by Catrin2009 at 3:02 PM on Jan. 10, 2009

  • Call the police. If there isn't a custody order in place saying that you aren't allowed to see her, then he can't deny you the right to see her (just as you can't deny him if there isn't an order in place). If she lives with you while you're going through a custody case and now he's refusing to bring her home, let you see her, etc, then I would DEFINITELY call the police - you don't want to end up in a situation where it's a non-custodial parent kidnapping!

    I would also do what the pp said and call your lawyer. But I would call the cops, explain that he does NOT have custody, the child physically resides with you, your ex has her, won't let her come home, won't let you see her, and you're in the middle of a custody battle and afraid he might take off with her, so you would like an officer to go with you to pick your daughter up.

    Answer by sailorwifenmom at 3:04 PM on Jan. 10, 2009

  • Were you guys married? If a couple is not married when the baby is born - then both parents have EQUAL rights, so if you call the police there is really nothing they can do. What you need to do is go to court and get FULL custody of your child

    Answer by InfectiousSmile at 3:13 PM on Jan. 10, 2009

  • Actually if there is no custody agreement between the two of you the police cannot do anything. I know this because before I allowed my now ex to see our two children (my older two) I spoke with the PD. They suggested I get custody established first, because since we were both the parents even if they reside with me, once I let them go with him (because no custody order was yet established) they could NOT get the children back to me. So I filed right away. You have already handed over your baby to the baby's father, so if no custody order is set the police cannot take his child away from him. So what you will need to do no is get a lawyer ASAP! (CONT)

    Answer by OneLove4Jesus at 3:16 PM on Jan. 10, 2009

  • (Cont)

    If you cannot afford a lawyer you need to look around your county for free legal aid. They will help you & your child (if you qualify financially) by handling the case to get custody established and then whomever gets residential custody, they will work on visition and child support from there.

    Now if you have a custody order and your ex is not complying, take a copy of that order over to the police dept and they will direct you from there (ie going with you to pick up your child, directing you to an atty or legal aid service). Do not wait!

    Answer by OneLove4Jesus at 3:16 PM on Jan. 10, 2009

  • Call the police

    Answer by sunshine21pa at 4:13 PM on Jan. 10, 2009

  • i had the same prob with my ex if you call the police they will talk to him trying to resove it peacefully if he still refuses make sure you get a police report stating it. After u get a lawyer it will help with a nasty custody battle if it comes to that

    Answer by mkmama3130 at 4:25 PM on Jan. 10, 2009

  • Call the police and have your court orders in hand if you have anything regarding visitation and custody. I have found out they won't do anything unless you have something in writing. The call your attorney. If you suspect he may be abusing her, call CPS. Record any conversations you have with him, take photos of text messages and print out copies of emails that have anything to do with visitation. If you suspect his family is helping him, you may be able to get the police to check into kidnapping. My thoughts are with you. I know what it is like to have your child taken from you by angry, mean people.

    Answer by chocolateroses at 5:41 PM on Jan. 10, 2009

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