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I need some help, my mother has had my daughter for 6 years. We had a verbal agreement to keep my baby, because my other daughter was ill. Once , that was handled I could go back and bring my baby back home. Well, my mother will not give her back and rarely lets me see or speak to her. My mom filed for child support, i went to get my daughter and cops were calld and did not let me get her. What do i do?
Please tell us where you're located.
Is there any custody through the courts? Where is the other parent? Is the child in school? How far do you live from your mother?
We live in Texas. and Im located in DFW and my mom is 4 hours from me. There is no custody per the courts. There other parent , we have not had contact with him for the past 6 years.
How many times have you seen your daughter within the past 2 years?
Is she in school now?
i see her when my mom lets me. Which she did off and on when my daughter was smaller. but then as she got older my mom, stopped letting me see her. I was rarely allowed to speak to her by phone. with in the past two years by phone maybe at least no more then 10 times. Within the past two years. i just recently saw her 1 month ago.
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yes she is in school. now going to the 2nd grade.
Why did the police stop you from taking your daughter if, in fact, nothing has gone through the courts?
my mom filed child support against me and dad wanting 600 a month from each of us. So according to the papers at the end of my paper work. there is a standing order for suits against divorced parental rights. effective october of 2008 saying that i can not remove child or disruppt child from daycare. And its stamped with the district judge signature, so the police said that was a current standing order and restraing order.
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those papers are from the attorney general office. no courts
Then someone, along the line, has at least determined that your mother has physical custody of the child.
I do think you need an attorney.
who would be the person or organiztion that can determine that my mom has physical custody.
Hon, she has physical custody just by the child living there for the past 6 years. But if you've been ordered to pay child support, the child support agency has obviously agreed that the child is living there, and legitimately so.
Even IF there is no court ordered custody, your mother stands a better-than-average chance of going to court to establish formal custody. Yes, parents have constitutional rights - but your daughter is stable, and your mother has grounds to seek formal custody. It's known as "best interest".