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My husband filed for custody of our daughter and I'm in a different state, I could not make it to the hearing because I cannot travel because I'm pregnant the court granted him full legal and physical custody of her. I'm horrified, I DON'T KNOW WHAT TO DO?

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bmom42

Asked by bmom42 at 11:15 PM on Feb. 4, 2011 in General Parenting

Level 3 (23 Credits)
Answers (12)
  • If you feel the child would be bettr off with you, than you have to file in court and take him to court.
    tootoobusy

    Answer by tootoobusy at 11:17 PM on Feb. 4, 2011

  • Why could you not travel? There is not really anything in the world that would keep me from such a hearing?
    Melbornj

    Answer by Melbornj at 11:19 PM on Feb. 4, 2011

  • You can file for a modification, but many states require that you wait a certain period of time before they will hear the case. You should have contacted the court and had a continuance on the original court date - I know that doesn't help now, but it's something you should know for the future.
    Scuba

    Answer by Scuba at 11:19 PM on Feb. 4, 2011

  • You could have called the court and asked to to a phone conference due to being unable to travel due to pregnancy. Contact an attorney and see what you can do.
    tyfry7496

    Answer by tyfry7496 at 11:19 PM on Feb. 4, 2011

  • I dont understand why you didnt reschedule the hearing. Im sure they would understand.

    you should call an attorney and see what you can do
    leksismommy

    Answer by leksismommy at 11:36 PM on Feb. 4, 2011

  • I agree with pp's, you should've called the court ahead of time and provided documentation that you couldn't travel. They would've given the option of rescheduling if your ex agreed, or having you appear at the hearing by phone. Now your best bet is to contact a lawyer and see if they can help, but for the future try taking proactive measures, especially when it comes to the courts. When I was on an internship in Europe I was suppose to be at a support hearing for my son. My ex wouldn't reschedule, so they had me phone in, say I was in another country, and ignored his opinion and granted a postponement till I was back in the country. The courts are willing to work with you when the circumstances require it.
    ba13ygrl1987

    Answer by ba13ygrl1987 at 11:41 PM on Feb. 4, 2011

  • No offense, but if my daughter's custody was at stake, there's no way in the world I WOULDN'T have been there!!
    Anonymous

    Answer by Anonymous at 11:46 PM on Feb. 4, 2011

  • I would contact an attorney, but not sure what to do. Good luck
    MChildressDem

    Answer by MChildressDem at 11:54 PM on Feb. 4, 2011

  • ??? sorry to hear this.
    wifecombs

    Answer by wifecombs at 1:54 AM on Feb. 5, 2011

  • Talk to an attorney, It's not over for you. Show documented proof of your inability to attend the hearing. You are already showing that you are a good parent by not traveling being pregnant. Fight for your rights, It can be modified to your liking. Be confident that things will work out. Don't worry. It seems horrible now, but keep up the fight. I got custody of my child when I thought things seemed next to impossible, and my Son's father even made considerable more money than my self. Us mothers have more rights than we know of. Don't beat your self up by regretting what you couldn't do. Just keep your head up, don't stress out , take care of your baby and keep that goal in mind.
    Avitar

    Answer by Avitar at 6:10 AM on Feb. 5, 2011

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