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No Custody Agreement, Keeping My Daughter

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  • 01-14-2013, 07:05 AM
    DSMJimmy
    No Custody Agreement, Keeping My Daughter
    My question involves a child custody case from the State of: Florida

    Hello folks, first time dad and first time needing legal help! The mother and I are split up, our daughter is 3months old. Mother is on probation and recently took her last drug test, shortly after she went and smoked marijuana. This normally wouldn't bother me as she can do what she wants, but, my daughter was with her. She also was drinking as driving with our daughter.

    My question? Well she dropped off our daughter to me this morning so she's with me while mother is working. I plan I keeping her till this can be legally worked out. I don't feel safe having my daughter with her. I know I'm within my rights to do this, but how do I keep her? How do I stop her from showing up at my house while I'm at work and saying to my mom "hey give me my kid!".

    This is step1 to my problem and what I need worked out first! I've ready made some phone call for legal support in my area but I'm waiting on calls back.

    Thanks for listening!
  • 01-14-2013, 07:06 AM
    Dogmatique
    Re: No Custody Agreement, Keeping My Daughter
    Are you the child's legal father?
  • 01-14-2013, 07:10 AM
    DSMJimmy
    Re: No Custody Agreement, Keeping My Daughter
    To my knowledge! I signed the BC and paperwork in the hospital
  • 01-14-2013, 07:30 AM
    Dogmatique
    Re: No Custody Agreement, Keeping My Daughter
    Did you call the police?
  • 01-14-2013, 07:35 AM
    DSMJimmy
    Re: No Custody Agreement, Keeping My Daughter
    No sir, she currently does not know I'm keeping her. I'm using this free time to gather I formation, make phone calls, and printout the forms needed to file for custody before her.

    What would calling the police at this point in time do for me?

    Thank you for your replies!
  • 01-14-2013, 07:57 AM
    Dogmatique
    Re: No Custody Agreement, Keeping My Daughter
    Because if you didn't call the police when Mom was allegedly driving drunk with the child present, you really won't be able to use that against her.

    I do feel you're going to have an uphill battle on your hands given that you have no proof that Mom is unfit.
  • 01-14-2013, 08:03 AM
    DSMJimmy
    Re: No Custody Agreement, Keeping My Daughter
    Well I do have text messages of her admitting to all of this, but I was at work when it happened. She showed up at my parents house with a bottle of juice in hand. My sister took a sip to find out it was mostly rum.

    I understand that its a uphill battle, but I also understand that Florida is the place to be if you want a fair court system.

    My main concern right now is, how/can I stop her for taking our daughter when I'm not home. I obviously can't bring her to work with me.

    Also: I plan to call her probation officer and request another drug test, which she should fail.
  • 01-14-2013, 08:04 AM
    Dogmatique
    Re: No Custody Agreement, Keeping My Daughter
    No. You cannot withhold the child.

    If your Mom refuses to hand over the child, SHE can end up in legal hot water.
  • 01-14-2013, 08:14 AM
    DSMJimmy
    Re: No Custody Agreement, Keeping My Daughter
    I, myself, can withhold her. Correct?

    There has to be some way to stop her from taking our child back while I'm not around.
  • 01-14-2013, 08:41 AM
    free9man
    Re: No Custody Agreement, Keeping My Daughter
    No, you cannot withhold her. Nor can your mother. The way to stop her is to go to court and get the orders amended. There is likely nothing you can do in the short term.
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