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Author Topic: Help for a young father  (Read 1181 times)

phernand

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Help for a young father
« on: Jan 10, 2006, 12:25:11 PM »
Hello everybody,

I need some advice on what to do when a mother just picks up a leaves with the child. She was supposed to have dropped off my little girl Friday December 30 but she never showed up. I tried calling her many times but she never picked up. I also tried calling her sister and mother they too did not pick up. I tried for a couple of months before this happened to get an agreement out of her but she did not want to go forward with it so there is no court order or agreement in place. The following week after december 30th I went and filed for custody in MD court hoping that it will help get my little girl back. My question is what will happen if they cannot find her to serve her and how hard is it going to be for me to get my daughter back. I think she went to Florida because that’s where her mother and father live but there is no way of me finding out. If she did go down there and filed for custody down there will she get it? I just want to know the process on how all this custody works and about my chances of getting her back. Any advice is greatly appreciated. I am also in the process of getting a lawyer soon but I thought I’d check this out first.

Thanks


4honor

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There is a jurisdictional matter at work here...
« Reply #1 on: Jan 10, 2006, 05:35:37 PM »
IF she files in FL you must ONLY answer that FL has no jurisdiction over you or the child, as the child has not been in that jurisdiction for 6 months. Also let them know that a custody case has been filed in your state and county and that you do not agree to Fl jurisdiction.

Post to Socrateaser's Board (follow posting guidelines) and be willing to use the information you get to direct your attorney. Soc cuts to the chase.

Read everything you can on this site and get your documentation together.

God Bless you and your child. Others here will have more information for you.
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

Kent

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Gotta hurry!
« Reply #2 on: Jan 10, 2006, 05:41:23 PM »
If your daughter has lived in a different county for more than 6 months, then that county will obtain jurisdiction, i.e. your wife cannot file for custody unless she can prove that your daughter has lived there for at least 6 months.

When did they disappear?

Filing for custody in your county may help you to keep jurisdiction in your county.

Since you have waited for several months to start any action, the courts will not look favorable upon that.

Search this site for information on how to locate a missing spouse, and follow the advice there. Also post your question to Socrateaser, on his board. Make sure you follow his guidelines to the t.

You need to get a lawyer. Search on this site for questions to ask attorneys.
You need a good attorney. Don't go for cheap. A bad attorney can screw you over worse than going Pro Se.

Kent!

Davy

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Statues are favorable to you
« Reply #3 on: Jan 10, 2006, 07:59:15 PM »
Not an attorney and not familiar with MD.  Many jurisdictions allow notification by local newsapaper to substitue for service when where-abouts are unknown.  Check with your county clerk.

Move as quickly as possible to obtain temporary custody by default when BM fails to appear at hearing WITH CHILD.   All matters become criminal rather than civil once custody is obtained and should/will provide additional armor against abscounding parent efforts in another state.

Familiarized yourself with the Uniform Child Custody Jurisdiction Act (or Enforcement Act) for both MD and FL as well as the Parental Kidnapping Prevention Act and MD's criminal statues for withholding possession of a child.  All (?) documented on this site.  You should be somewhat knowledgeable before interviewing any attorneys or agreeing with any case plans.

You can not prevent the mother from moving but you can prevent a
child kidnapping and unjust jurisdiction in a foreign state (ie FL).

Do not be sheepish !!  Focus on the well-being of the child and fathehood ... not yourself or emotions.  The child is at risk of not knowing you ever again.

phernand

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RE: Statues are favorable to you
« Reply #4 on: Jan 11, 2006, 07:50:54 AM »
Thank you all for help...this site is truly a blessing i will def get on this right away start looking for an attorney today.

Once thanks for all your help and god bless...


 

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