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DO they think about what the child wants in these cases?

Another father fighting to get his daughter back. The mom defied their custody agreement and took the daughter to her native country, Brazil, where they have been living for the past 3.5 years. Since the story about the dad who was fighting for his son in Brazil came out well, this father is hoping his daughter will be returned to him. But has anyone thought of the child involved? This girl has been living with her mother in Brazil for 3.5 years. That is almost half her life. What if she wants to stay there? What if she enjoys her life there? I can understand the dad wanting visitation, but full custody? Do they consider what the child wants or what?

 
AprilDJC

Asked by AprilDJC at 1:35 AM on Dec. 31, 2009 in Just for Fun

Level 20 (8,524 Credits)
This question is closed.
Answers (10)
  • There have been many cases here in the states where one parent takes off with the child, breaks the custody agreement and is gone for years. The child and parent are later found and the parent goes to jail. It is kidnapping no matter how you look at it or where they go, or even how long they are gone. Yes the childs feelings should play some roll in a traditional custody case, but if the parent has committed a crime (kidnapping) then they have to be punished otherwise you are saying , oh okay since you want to live with your mommy it is okay to break the law.

    What about the childs right to have both parents in their life, these women took that right away from their child and the fathers. No one will be 100% happy with the out come they are very sad situations, but these moms needed to use their heads and think about the consequences of their actions.
    3_ring_circus_

    Answer by 3_ring_circus_ at 4:52 AM on Dec. 31, 2009

  • AprilDJC

    Answer by AprilDJC at 1:36 AM on Dec. 31, 2009

  • This also came from C-Span archives, not just Fox News:

    It seems that in May, 2006, Marty Pate's ex-wife, Monica, told him that she wanted to temporarily go back to her home country of Brazil and take their 7-year-old daughter, Nicole, with her. Marty Pate objected, but he allowed her to take the daughter for a short visit. Both agreed under a Harris County, Texas, court order as to what travel stipulations there would be, and both signed a notarized document on what those travel restrictions would be. One of those was there would be a maximum of
    21 days that the child would be allowed to leave the United States. On August 5, 2006, Monica and her daughter, Nicole, left the United States and never returned. That was the last time that Marty Pate saw his daughter. There is an outstanding arrest warrant for Monica on failure to follow a court order in the State of Tex.as
    AprilDJC

    Answer by AprilDJC at 1:37 AM on Dec. 31, 2009

  • These types of cases always make me sad because most of the time it's about what the parents want and has little to do with what is within the best interest of the child.

    legalmommy101

    Answer by legalmommy101 at 1:38 AM on Dec. 31, 2009

  • When I was a child they placed me where I wanted to be. If they are old enough and get a good judge and advocate they will be heard and that plays a large role, but I get so mad about people using their kids like a ping pong ball or those women who use their kids to punish the ex for not being a good husband. Awful.
    truealaskanmom

    Answer by truealaskanmom at 1:43 AM on Dec. 31, 2009

  • The mother kidnapped the child and broke the custody agreement. She should lose her rights. If a father did it, you all would demand his balls in a jar for doing something similar.
    Anonymous

    Answer by Anonymous at 2:45 AM on Dec. 31, 2009

  • I for one don't agree with that statement, anon. I understand what you are saying and a lot of women would feel that way. I am simply saying (regardless of if it was mom or dad) if the child has been happily, safely living somewhere with one parent whom they probably really love and they have friends there, do they take that into consideration? If I were a judge, I think I would have to take the child's wishes as well as needs into consideration.
    AprilDJC

    Answer by AprilDJC at 2:50 AM on Dec. 31, 2009

  • Where is the compromise for the child's sake? See, that's what I'm taking about. Parent's that can't compromise for the sake of their children shouldn't be parents at all.

    legalmommy101

    Answer by legalmommy101 at 3:27 AM on Dec. 31, 2009

  • No because these morons are selfish!
    Anonymous

    Answer by Anonymous at 5:16 AM on Dec. 31, 2009

  • i dont' think that the mom would be allowing the father to see the child. and btw, that child is an american, and a child. children do not know what is best for themselves. not in a situation like this. not bashing brazil, but the child is there illegally and should come home. plus, the mom just disregarded the custody laws of america. if everyone did it, well how would you feel if it were your child?
    princezzmommie

    Answer by princezzmommie at 5:09 PM on Jan. 2, 2010

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