She has officialy Filed - Still dont know where my daughter is

[theablefew]

My wife officialy filed for divorce on tuesday. My daughter is still with her i guess. I dont know where they are. Can she keep her away like this ?
Do i have legal recourse?

[FLMom]

Can she keep her away like this ?

Yes she can, for just as long as you LET it happen. Now that you know she's filed, every moment after this that you DON'T file for emergency custody of your daughter will look to the court as if you don't give a flip.


Do i have legal recourse?

Your legal recourse is to file for emergency PRIMARY custody. What you need to do is go down to your courthouse and ask if they have a Family Law Assistance program. If not, they'll have something similar. They should have a packet of information for you, and if not they can usually point you to the forms to fill out. You will then need to ask at the clerk's office about scheduling for an emergency hearing.

When filling out the forms, leave the lament and emotion out of it.
1) You are still in the marital home.
2) Your daughter has been taken out of the marital home by your wife.
3) Your daughter will suffer greatly by being taken out of her accustomed environment.
4) You do not know where your daughter is at this time, although the dissolution papers she filed says she is in xxxxxx, xx.

At this time you are not answering your wife's petition for dissolution of marriage. You are filing for temporary emergency primary custody.

I read your posts from a week ago, and answered then. If you have no money for a lawyer, then you will have to fill out these forms until you find the money. You received a lot of very good advice with what you posted before---take it and run with it.

Years down the road, you do not want to have to regret the fact that you sat idly by while your ex wife made you an every other weekend and rotating holidays kind of father.

By the way, from this moment on, DOCUMENT DOCUMENT DOCUMENT.
Every receipt, every phone call---if there's paper attached or it somehow has to do with your wife and daughter keep it or notate it in a journal.

Time's up for wondering all the what if's and maybe's. Now is action and never allowing yourself to use the word "can't".

Good Luck,
FLMom

 PS-----You do have one leg up on things if you act now. Custody law states that a parent cannot file for custody until the child has lived in that jurisdiction for 6 months. Another form you will have to fill out is a USJDA (?--help me out here folks--can't remember all of the letters). It's done to keep jurisdictions straight in a situation like this.

[wendl]

Have you been served yet???
Does she have an attorney???

If she does not have an attorney, then where on the paperwork is her address because you have the right to respond as well.

You need to try to find out where they live and continue to try to see daughter, use the intent to exercise visitation letter on this website mail certified return receipt.

Document everything DO NOT GO ALONE as you wan to avoid false abuse charges, believe me they file restraining order for nothing and get them.

Out a freeze on ALL bank accounts, credit cards etc.

If the kids are in school, go to the school and look at their records, maybe she updated her phone # or address.

**These are my opinions, they are not legal advice**