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Fighting for my 3 year old daughter

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  • 02-13-2006, 05:11 PM
    benlee
    Fighting for my 3 year old daughter
    [i] October of 2004 I left to attend school. I decided to leave my daughter with her grandmother (my mom) until I get settled in LA. In May 05, her father took her from my moms home (w/o my consent) and never took her back. In August of 05 he persuaded me that giving him custody will be for the best. I'll continue going to school - getting excellent grades and he'll drive her down the weekends that I want her and every holiday. I reluctantly said okay - looking out for the best interest of my daughter and our future. Since the court orders, he has not met me half way nor drove her down. He actually said he wasn't a few days after the court orders were made permanent. Since then I have been driving up there to see her . Every other weekend. Sometimes I give a scheduled time and he's purposely not home. FYI: I live 5 hours from their home. My family lives in the same town as he. He doesn't communicate with me at all. So I hear alot of hear say. Which is most likely true. My daughter was recently in a car accident with my babys father's - wifes', best friend. She wasn't wearing a seat belt but there weren't any police reports taken to prove. How can I prove it? My daughter has also stated on a couple occasions that his wife whipped her in the tub w/o clothes. How can I prove this? Is my 3 year old too young to testify. I do not want her at that household any longer. Is this grounds of granting me full custody.

    FYI: I've called the local police dept in the city. They scheduled a security check. They attempted to contact him ONCE. He wasn't home so they cancelled. Is that right? I am not authorized to just take her from the home. But even the Police Department isn't very much help.

    FYII: At this moment I am no longer in school. I've taken time off to take care of my daughter's needs. I hope to return when everything is taken care of. So I'm fully capable of getting her full time.
  • 02-14-2006, 02:18 AM
    ceara
    A 3 year old is no where near being old enough to testify. To change custody you are going to need to prove that there has been a change in circumstance. If he is breaking the court order you could go for contempt. Usually the first time a person is found in contempt it results in basically a slap on the wrist, but if he were to continue, you may have grounds for custody.
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