My wife and I had a fight. She then moved in with her mother and took our 20 month old daughter with her, along with all of her clothes, toys, etc. I wanted to pick up my daughter and keep her overnight while my wife worked (xray tech, graveyard shift). She said no. Next day, I called the sheriffs office and got lucky with a deputy who didn't know the law so well. He told her that she HAS to give my daughter to me. She complied, and I promised to bring her back by 9:30, which I did.
Next day, she talks to a lawyer and he tells her that she DOES NOT have to hand her over to me if she's "afraid I won't bring her back." She's been using this as an excuse for the past 4 weeks to not let me take her. She's agreed twice to meet me somewhere with my daughter so I can play with her, but the last thing I want is my wife who I am divorcing hovering around like a vulture with her arms crossed. I met her anyway, and my daughter cried hysterically when we parted.
So I filed for divorce, and things got ugly. She cleaned out my bank account, shut off my cell phone, took me off the healthcare, etc.
I know the law says we both have 50% custody, but as long as my daughter is over there with my wife and mother-in-law, I'll never get to see her. I'm afraid the judge will just say "well, she's been the primary caregiver for the past 2 months, so she gets primary custody." My wife has been acting unstable and irrational since the filing, and I know she takes prozac and wellbutrin and drinks alcohol, to boot. Her mother is disabled and has no business caring for a 20 month old for 13 hours at a stretch.
Any ideas how I can see my daugher? My attorney hasn't really been there for me, and I'm getting more and more anxious (it's 5:30am right now, and I can't sleep).