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Help - Urgent

post #1 of 16
Thread Starter 
Hi everyone. I apologize if I'm somewhat cryptic in this message. I've had to change some details for privacy reasons, although I am certain that this screen name is unknown to any of the involved parties. Please feel free to PM me if you want/need further details. Thanks.

Approx. a decade ago, my H and I separated (physically, not legally). He moved, taking our young daughter with him to live with her paternal grandparents. At the time, I felt this was the best thing as I trusted her grandparents and did not feel that I was in a position to be a single mother. I was very young, had no job prospects, and frankly, was overwhelmed. I greatly regret this choice now but at the time I felt it was best.

I saw my daughter twice since the separation. She seemed to be a perfectly normal, healthy child when I saw her. However, my H left his family to move in with a girlfriend about a year after we separated. The two of them moved to a certain state, and I moved there as well to facilitate visitation. Once I moved, I was able to see her once -- for about a week. At the next time I requested visitation, he agreed, but canceled it at the last moment, supposedly because of medical concerns. I have reason to believe the medical problem was false and he did not want me to see her for some other reason.

Not long afterwards, he left the state without giving contact information.

I attempted to file for divorce when we first separated but it proved impossible (or at least I couldn't figure out how to do it) because of the laws in the state I resided in, which required both parents to attend classes and he was thousands of miles away and unable or unwilling to attend. (Remember, I was very young and had no legal representation.)

During this time I have heard very little regarding my daughter. I have tried to deal with this, mostly by forcing myself not to think about it. Occasionally, I have received communication from the girlfriend. At one point she wanted to facilitate us getting a divorce but wanted to adopt my daughter immediately afterwards. I thought at the time this might be the best choice (I thought she was in a good living situation). Although I sent in all of the paperwork she asked for (divorce related, nothing to do with adoption), H never filed for divorce and now I am very, very glad this did not go through.

My daughter is now a teenager. I have recently found out where she lives and I have not been able to go see her in person (it's a long distance, I am quite poor and cannot afford to do so). However, I recently found out that my parents DID see her and have some concerns about what they saw.

Furthermore, I have come across some information that leads me to believe that my daughter is not in a good living situation. I do not know if she is abused. I am quite certain that she is ... medically abused, for lack of a better term. There are also some other concerns.

I managed to speak (via Internet) with the girlfriend today, who has been very evasive about providing direct contact information for my daughter. After a while, she asked my H to speak to me (something I prefer to avoid entirely but in this case it was necessary).

H spun a line of BS very typical for him... don't want to go into much detail but once I put the pressure on, he claimed he was going to "arrange something" but honestly it sounded more like he was buying time to try to get a lawyer. And he claims he will "discuss" with my daughter whether or not she wants to speak to me (which I already know she does, based on what she said to my parents during their visit)... but I think that's a cop-out so he claim that she doesn't want to talk to me.

I tried to get ahold of legal aid today with no luck. Will continue trying, of course. If there's a huge waiting list for legal aid or something, what other recourse do I have?

Should I call the police department in the town they live in and request a welfare check?
Should I call CPS? (PM me if you want details as to why I think this may be appropriate)
Should I go down to where they live (1,000 mile drive) and see if the police will require him to relinquish her to me for a visit of 1-2 weeks?
And if she wants to stay with me instead of going back to her father's house, should I keep her?

Bear in mind that we are still married and so I think I have just as much right to her as he does. I could be wrong. I don't know, I'm confused and upset, and I miss my daughter terribly.

--K
post #2 of 16
First of all you have the same rights that he does. There is no custody agreement and you are still married. If you wanted to go and get your daughter for a visit and she agreed then do it. You can call CPS anonymously. If you feel it necessary. I can't advise on the rest however.
post #3 of 16
Thread Starter 
Thanks.

My concern is that she will be coerced in some manner so that she refuses to go, and I truly can't afford to make a 1,000 mile trip only to come home with empty arms. Frankly, I'd probably lose whatever shred of sanity I have left. Or that's how it feels right now.

I don't think H is going to let me speak to my daughter privately unless I do it in person with a police escort. Maybe he'll let me call, but if he does, it'll probably be on speakerphone. He's a terrible control freak and I have no idea what he might threaten.

Nor do I know -- unless I talk to her in private somehow -- whether she will really want to go with me for a visit or more. The whole thing is a huge mess and I am an emotional wreck right now so bear with me

The logistics of this are driving me batty to say the least.

--K
post #4 of 16
Oh, mama! I think I totally forgot to reply to your PM (pregnancy brain!) so I'll try to do that later when I'm not feeling like clockwork oranging my eyes open, if you kwim...

At any rate....I really hope that some ladies here can give you some good advice. I wish I knew more about legal options and all that, but I really hope that things move quickly and smoothly for you!!!
post #5 of 16
isn't it true that when one parent takes a child to another state and doesn't allow contact with the other parent when still married, that that is considered parental kidnapping? i think you should definitely get a lawyer ASAP. if you think the situation is grave enough, definitely call CPS. that also might help you win custody/visits if abuse is substantiated.

i think that really, you need to talk to a lawyer. are there any in your area that do free one hour consultations?
post #6 of 16
Sure is. There are far too many legalities involved in this and I would consult a lawyer. However you technically have 100% equal custody and you your husband can't interfere. If he does call the cops and and the DA.
post #7 of 16
My response might be totally off base, because I don't know any of the details, but I wanted to offer support...

You are in a tough place because you gave your dd to her father and let him move away with her. For whatever reason, you felt that other people (her relatives) should have all of the rights and responsibilities in raising your daughter. It sounds like this has never felt right, but you have forced yourself to stick with that decision and not fight to get your daughter back. Correct me if any of this is off base. But now your eyes are open, you see that something fishy is/has been going on, and you want her back- or at least find out what's really going on so you can protect her if you need to. If that's your decision, I really think you can do it. You don't even have a divorce, and no one has tried to terminate your parental rights. But you can't be unsure about this. If you are going to step back in and be your daughter's mama, you have to come in like a mama bear and be absolutely rock solid in your conviction that you will be with her for good. You thought you were doing what was best for her, and now you see that you made a mistake.

With the conviction that YOU are what your daughter needs, money is not a concern that will hold you back. You won't come back with empty arms, because if your arms are still empty, you won't be returning yet. I don't know what's going on for your dd, but I know for sure that THAT is the kind of mother she needs- even if everything were fine with her situation, that would be the mother she needed.

Good luck, mama
post #8 of 16
All states have some sort of legal aid services.. call the one in your state and explain your case (at least on a sliding scale if not for free) and see what they say. It seems to me that even though you havent exercised your rights - you DO have rights to your child. And the courts in general will listen to an older child - but they will also take all circumstances into consideration. If you feel you need to fight for your daughter to be healthy and happy - then frickin fight for it.. do what you have to do. This may be your last chance to before she is an adult and you have no say what-so-ever.. the past is gone - deal with the now and do what you feel is best for your daughter. It'll be hard, it'll be expensive, it'll be worth it.
post #9 of 16
I have no advice, just wanted to offer support. What a very, very hard situation to be in. Seems like your DD needs you, and you need to be divorced from your husband. I hope you get your daughter soon and that your divorce follows quickly You will be in my thoughts.
post #10 of 16
Go to the Legal Aid office. Talk to the receptionist, and don't leave until someone talks to you.

Other options include contacting law schools near you to see if they have family law clinics for free representation, or cold calling big firms to see if they can take someone on pro bono (free). Tell your story first, ask for pro bono representation later. Ask for free consultations with lawyers - again, big firms are your best bet.
post #11 of 16
So you know the name of their town? Find all the schools that might be where she goes and drive to that town and visit the schools in person with a photo ID and copy of your daughter's birth certificate. They are required by law to call her to the front office.

If it seems possible that a school might not hand over a child to a virtual stranger even with proper ID, stop first at the police station. Tell them you have been searching for 10 years and you would like them to be present while you visit your daughter.

It's not exactly in your favor that there aren't a decade worth of kidnapping reports, but this isn't just a case of the NCP bringing the child home late from a visit.

If you still think this process won't work, call CPS on your way driving there. Let them know you are coming to get your daughter.

And just a reminder...most family law stuff canbe handled pro se. You odn't actually need a lawyer, it just makes it easier for you. GL!
post #12 of 16
K,

Since you moved to the state to facilitate visitation (and had you been seeing her regularly?) and he left the state without contacting you, and you are still married to her father, then you have the right to both see your daughter and take her for visitation.

If you did drugs or alcohol, then show proof that you have come clean, have personal references. Otherwise, i would do as others have pointed out...go and get your girl!

I can't imagine how scared she may be. Bring plenty of photos of her when she was a newborn baby, any photos or letters or emails that your husband may have sent you, or other family members. She will want to know that you are not a stranger kidnapping her. She has grown up with your husband. If there is danger in her life, then you may have to get to know her after meeting her.

Hoping that all goes well. Please update us!
post #13 of 16
Thread Starter 
Basically, he left the state we were both living in with her (with my permission, to go live with the in-laws who I felt would do a great job caring for her while I found employment, etc.). During the time he was living w/the in-laws in state #1, I was allowed visitation once for a week. He had a fit about it when he got her back and discovered I had allowed her to place stickers on her arms. (She was 3 or 4 at the time).

Then he moved to another state with his GF, and I moved there as well to have easier access to DD. He allowed visitation once when she was 5. On other occasions when I tried to plan visitation, he would agree, then there would always be a last minute crisis preventing it...

In every case, he never paid a penny towards transporting her to and from his home.

No, I've never been involved in drugs or alcohol. He has. He also has a criminal record; I do not.

I have had no communication with him, although I've gotten rare (every few years maybe) photos and occasionally brief notes about one psychiatric diagnosis after another DD supposedly has. Based on H's history I suspect these claims are false, but that's a long story.

I know she remembers me. My parents were able to see her for a little while under strict supervision, outside of her home, recently. She remembered them and was VERY excited to see them. She asked about me and expressed a lot of interest in me. I do have a lot of photos of her when she was little... even pics of being pregnant with her, birth photos, newborn pics, pictures of her when she was still living with both H and I, etc.

Trying to figure out how to proceed from her. The legal advice I have gotten so far seems to indicate I may have better luck bringing the police and/or CPS in than going the divorce route at this time. If I can somehow force unsupervised visitation through some route to develop a relationship with her, and then she chooses to live with me at least part time, it would make a custody battle a lot easier. (Keep in mind also that I think my H is almost entirely uninvolved in her life, it's really his GF that does all of the parenting).

Right now based on the concerns I have I am thinking I should get my home "CPS ready" (e.g., set up a bedroom for her, etc.) and then inquire with their local police department and/or CPS and work from there.

--K
post #14 of 16
If your husband has a record, this will only increase the possibility of you getting your daughter. On the other hand, if he had a record when she was a baby, and you gave her over to him anyway, both of you could be a risk.


Wonder if the girlfriend would be willing to arrange a meeting between you and your daughter? Otherwise, I would move towards the CPS route.
post #15 of 16
Thread Starter 
Jyotsna -- I'm going to PM you because there's some information explaining the situation that I feel would be personally identifiable and I'm trying to make sure this thread doesn't get found/used against me somehow...

--K
post #16 of 16
holy moley i would being on the phone with the police in one ear and dfcs on the other with one foot on the wheel and the other on the clutch as i looked door to door....but that could be overkill for some of you heh