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  1. #1
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    Default Mother Moved Child Out of State After She Said She Was Taking Child to Visit Family

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

    Me and my child's mother broke up back over the summer. The child stays with me. I take care of the child and provide everything the child needs. The mother told me she needed until January to move due to her own financial restraints. I agreed because I didn't want to put her on the streets. During the meantime she mostly stayed at her girlfriends home. I started another relationship before Christmas and she lost it. She constantly would try to take my daughter away because she was mad I entered into another relationship. The week of New Years she stated she would be taking our daughter to NC to visit family and because she didn't want our daughter in the house if I was to have my new girlfriend come visit. They were to be gone for a week. A week turned into 2 weeks. Then she informed me she would not be coming back and I would not see my daughter. What are my options? All my daughters belongings are here with me. I am the primary provider for my daughter. What can I do to get my daughter back? Police said there was nothing I could do. I don't want my daughter bouncing from house to house because he mom is to unstable to get herself together.

  2. #2
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    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    If paternity is established you need to file for custody. If paternity isn't established, you'll have to do that, too. Hiring an attorney is probably going to be your best bet.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Mar 2016
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    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    Quote Quoting JordanRoe
    View Post
    My question involves a child custody case from the State of: Virginia

    Me and my child's mother broke up back over the summer. The child stays with me. I take care of the child and provide everything the child needs. The mother told me she needed until January to move due to her own financial restraints. I agreed because I didn't want to put her on the streets. During the meantime she mostly stayed at her girlfriends home. I started another relationship before Christmas and she lost it. She constantly would try to take my daughter away because she was mad I entered into another relationship. The week of New Years she stated she would be taking our daughter to NC to visit family and because she didn't want our daughter in the house if I was to have my new girlfriend come visit. They were to be gone for a week. A week turned into 2 weeks. Then she informed me she would not be coming back and I would not see my daughter. What are my options? All my daughters belongings are here with me. I am the primary provider for my daughter. What can I do to get my daughter back? Police said there was nothing I could do. I don't want my daughter bouncing from house to house because he mom is to unstable to get herself together.
    Are you married and divorcing? Or are you an unmarried couple who broke up? If you're unmarried and you have not established your rights as the father, then you need to do so. You also need to file for custody. Before she does. If you have been taking care of her then that may help you. You also really want to talk to a lawyer. Most give free consultations. They can at least put you in the right direction if you can't afford one right now. But I would definitely get a lawyer and definitely get things started in court right now.

  4. #4
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    in alto mare
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    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    You need to do as suggested above- get a lawyer. Act fast because time is not on your side. Start looking up family law attorneys and start calling Monday first thing.

  5. #5
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    Jan 2017
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    18

    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    I have a lawyer as of Wednesday. I was given a custody questionnaire to fill out. Just a packet of questions to find out what I wanted to do as far as custody. Received a text from her today informing me that she wasn't bringing my child back. We were never married. I tried to call the police but they couldn't do anything because there wasn't a custody agreement in place. I was told she could do what she wanted. I just don't see how that makes sense.

  6. #6
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    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    Quote Quoting JordanRoe
    View Post
    I have a lawyer as of Wednesday. I was given a custody questionnaire to fill out. Just a packet of questions to find out what I wanted to do as far as custody. Received a text from her today informing me that she wasn't bringing my child back. We were never married. I tried to call the police but they couldn't do anything because there wasn't a custody agreement in place. I was told she could do what she wanted. I just don't see how that makes sense.
    Because in an unwed situation, the mother usually has custody be default unless there is a court order and that's once paternity is established; if paternity hasn't been established, the child only has one parent, legally - Mom
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Jan 2017
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    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    Parternity has already been established. My name is on the birth certificate.

  8. #8
    Join Date
    Dec 2013
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    833

    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    That only matters till a point until custody has been established.... you are halfway there though. Now you need to file for custody. The longer you go with out filing the more it appears that you are okay with the situation. You need to get a family law attorney asap, and they should request the child is returned until custody has been established.

  9. #9
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    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    Quote Quoting JordanRoe
    View Post
    Parternity has already been established. My name is on the birth certificate.
    Then obviously only the first part of the sentence applies. You're unwed - this means that you need a court order if you want to have enforceable rights.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Jan 2017
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    18

    Default Re: Mother Moved Child Out of State After She Said She Was Taking Child to Visit Fami

    So I can request thru the court that child be returned until custody is established?

    only reason I ask is because when I found out she didn't plan on returning I called the police. They informed me it was nothing they could do.

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