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  1. #1

    Default My Daughter's Father Refuses to Give Her Back to Me

    My question involves a child custody case from the State of: WV

    My daughter was born 8/12/08 and is now 2 years old.
    Her father and I were in a relationship until April 2010, when I left him for being emotionally abusive and controlling. We were switching off visitation week to week when we first split up, many of which times he skipped out or was late on picking our daughter up.
    We continued week-to-week visitation until July, when we decided to do month to month because he moved 3 hours away. He had her through July, I had her from August to October. We had never gone to court for custody and still have not had anything court ordered.
    He took her in October and moved from our home state of WV to NC with her. We made an agreement that since I had her for her birthday in August, he would get her for October and then again for December so he could share Christmas with her. I was going to have her in November. When the end of October came, I had just started a new job and needed an extra week into November to save money for my trip to pick her up in NC. (He actually didn't tell me he was moving to NC until after he did so.) He said he was not comfortable with me having her in November because he was not confident I could get her back to him by Christmas.
    So, I foolishly agreed to just let him keep her through Christmas-time and I would come get her the beginning of January 2011.
    I am ready to go get her, but now he is refusing to let me take her because he says he is worried I will not let him have her back. All this time he has had her there have been no issues with me getting her back, he agreed to everything, and is aware that I have paid for my trip to get her this month in full and it is non-refundable.
    I will let it be known that he and I were never married, he is listed on the birth certificate, and that I am extremely afraid of him taking off with her and not telling me where she is if he feels intimidated at all due to threats he has made to me recently and in the past.
    I need to know where to start, who can help me, if it would be foolish of me to travel there and try to take her, or anything else that might be important to getting my daughter back.

  2. #2
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    Default Re: My Daughter's Father Refuses to Give Her Back to Me

    You need to file a petition for a formal custody and visitation order. You can find information on custody here.

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