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  1. #1
    Join Date
    Jan 2010
    Location
    Tennessee
    Posts
    1

    Default How Do I Get My Child Back from Her Father

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

    My question today is how can I get my child back. My husband walked out on me and my 2 year old child almost two months ago. He asked me to see her for christmas and I agreed. He said he would have her home by 8pm. I have not seen her yet. He is stating he will not let me see her until there is a court order. He left and never called to check on her, ask how she was, bought any of her diapers, or even paid for her medicine when she had croop and was admitted in the emergency room. He lives in a house with his mother, father, sister, nephew, and a guy that works for his father stays over there almost every night. His mother is a known drug offender, and has a police record for it. She has also been admitted in to a mental institution. His sister has a record, and I am not sure what the exact charge was, but it was for hitting and killing someone with her car. His other sister, who does not live in the home, but stays frequently, was recently arrested for shop lifting. They are even calling her by a name that is not even hers. It has been six days today that I have not seen my daughter. I have never went more than 24 hours without her before, and now I dont even have a way to contact her. I have spoken with a divorce attorney, but was told it could take 4-6 weeks to even get a hearing to get her back. I wake up in the morning and cry, I cry throughout the day over the smallest thing that reminds me of her, and every night I cry myself to sleep. I am looking into a private invesigator, but would greatly appreciate any additional advice I can get. Her father never even changed her diaper until she was almost 20 months old and I had to go back to work. He works daily, so I know she is being left in the care of his mother who is on medication and is mentally unstable. Please, if you know of anything I can do at all, please let me know.

    Thank you,
    Broken Mom

  2. #2
    Join Date
    May 2008
    Posts
    582

    Default Re: How Do I Get My Child Back from Her Father

    If you have a court ordered custody and visitation order and the other parent is in violation of that order, you have a right to go to court immediately to have it enforced.

    If the attorney is failing to act, you must find a way to get before a judge and be heard. Since its the weekend, you need to act on this first thing Monday. Emergency orders are issues all of the time, especially if the child is in danger.

    Have you contacted the police and showed them the order? You can do that today.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: How Do I Get My Child Back from Her Father

    Quote Quoting Broken Mom
    View Post
    My question involves a child custody case from the State of: TN

    My question today is how can I get my child back. My husband walked out on me and my 2 year old child almost two months ago. He asked me to see her for christmas and I agreed. He said he would have her home by 8pm. I have not seen her yet. He is stating he will not let me see her until there is a court order. He left and never called to check on her, ask how she was, bought any of her diapers, or even paid for her medicine when she had croop and was admitted in the emergency room. He lives in a house with his mother, father, sister, nephew, and a guy that works for his father stays over there almost every night. His mother is a known drug offender, and has a police record for it. She has also been admitted in to a mental institution. His sister has a record, and I am not sure what the exact charge was, but it was for hitting and killing someone with her car. His other sister, who does not live in the home, but stays frequently, was recently arrested for shop lifting. They are even calling her by a name that is not even hers. It has been six days today that I have not seen my daughter. I have never went more than 24 hours without her before, and now I dont even have a way to contact her. I have spoken with a divorce attorney, but was told it could take 4-6 weeks to even get a hearing to get her back. I wake up in the morning and cry, I cry throughout the day over the smallest thing that reminds me of her, and every night I cry myself to sleep. I am looking into a private invesigator, but would greatly appreciate any additional advice I can get. Her father never even changed her diaper until she was almost 20 months old and I had to go back to work. He works daily, so I know she is being left in the care of his mother who is on medication and is mentally unstable. Please, if you know of anything I can do at all, please let me know.

    Thank you,
    Broken Mom
    You do not have any existing court orders, correct?

    The only thing you can do is to file in court for custody. Yes, it will take awhile, unless you have some very strong proof that Dad presents a danger to his child.
    Either way, the sooner you get the petition filed, the sooner it will be in court.

  4. #4
    Join Date
    Jan 2010
    Posts
    2

    Default Re: How Do I Get My Child Back from Her Father

    If you know when the father will be at work, you could try to go to where they are staying and see if the grandmother will let you see your daughter. And if she does, take her with you.
    He really is proving right now that he is NOT out for your daughter's best interests. Something like this can have a pretty negative affect on such a young child.
    Either way, file ASAP.
    You also need to begin documenting everything. Can you prove he left and did not see your dd for 2 months prior to taking her and refusing to give her back? DO you have proof that he is refusing to giver her back?

  5. #5
    Join Date
    Dec 2009
    Posts
    7

    Default Re: How Do I Get My Child Back from Her Father

    you need to get a very aggressive lawyer to help you. you need to be firm with the custody also.


    I was in your situation 11 years ago. The father and I were never married. I had a very good professional job and owned a house. He and his daughter from previous marriage lived in however didn't pay anything to help the expenses. When my daughter was 8 months old, the father took her moved out and filed for custody and child support. I am a Chinese American and all my family members are still in China. I didn't know how the family law works in the states and was fooled by my lawyers. I fought 5 years and spent a lot of money -- I had to sell my house, eventually lost my job -- and nothing was changing. I had to move back to China with my daughter to live with my parents (they are in 70s).



    So, you need to get the custody from the beginning to avoid all these hassle.

  6. #6
    Join Date
    Jan 2010
    Location
    Houston, Texas
    Posts
    17

    Default Re: How Do I Get My Child Back from Her Father

    enjoy the moment to youself long as he don't hurt the child, he'll bring the baby back, if you panic it will get worse, i'd call every day leave a msg. mommie loves you see you soon, he'll have to buy clothes,pay for daycare, feed the child and don't let them meet somebody have no time for themselves, enjoy the time alone...

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