Please Advise

[SingLDad]

In June of 2003 I petitioned the court and was granted Exclusive physical placement of my daughter as the Primary caregiver, but Joint custody with the BM.  The BM was awarded "reasonable visitation". Since the court order, my daughter has visited her mother once a year for around 6 weeks each visit.  In March of 2006 the BM flew to my state of residence to pick up our child for this years 6 week visit.  Everything was going well, until I asked for an address to send down a birthday present.  At this time I was told by the BM that she would not be giving me the address, and I needed to get used to the fact that my daughter will not be returning.  When I expressed my total rejection of this, she hung up and refused to answer my calls, and eventually turned off service to the number I was using to contact her (I later found out it was a prepaid cellphone, not the home number ).  I still had the number of the BM's mother (my daughter's grandmother), and although she too refuses to take my calls, I can leave messages.  The BM has another 9 month old son by a man who is currently incarcerated, and she does not work, so I know she was receiving some kind of state/federal aid.  After not speaking to my daughter for 2 weeks, I called the grandmother, and said, "If I do not speak to my child within 24 hours, I will fax my court order to the GA state Police, and the GA Department of Children and Family Services".  I knew that because I never put the BM on child support, and I've never received any sort of aid myself, she has probably been claiming my child to recieve welfare benefits, and notifying them could lead to a fraud charge.  Exactly 23 hours later my daughter called.  I contacted my Lawyer who handled the original case two years ago, and he is requesting another $3,000 fee that I simply cannot afford right now.  Because I don't know the address that my child is staying at, I'm not sure what I can do.  My Lawyer did say that it is not kidnapping because I let the BM take our child out of state.  Any advice you could give me would be beyond apreciated, I can't eat, sleep, or think clearly.

[Ref]

How old is your daughter?

Do you have in writing from you ex how long she will have her?

Does your parenting agreement say anything about notifying eachother about the whereabouts of the child?

This is a nightmare. I am so sorry.

Ref

[SingLDad]

My daughter turned 5 April 4th.

No I did not get it in writing.

We do not have a parenting agreement, just a court order saying I have physical placement, and she has the right to resonable visitation....

[Giggles]

Or better yet....what does the court order state in regards to her visitation?  Does it specify any dates or just "reasonable" visitation?  If it's just "reasonable visitation" then you can decide when that visitation is over...I'm no lawyer and I'm not sure about this...but I think you may be able to get her on kidnapping charges and frankly I think your lawyer is coo coo!!  Here is a site that may help you find your x...

http://www.zabasearch.com/

just type in her name and state.  Most of the time it will come up with the recent address and phone number of the individual you're looking for but it also pulls up everybody with that same name...so if she has a common name..you may need to try something else.

If the 6 weeks is up and you still don't know where your X is...then leave a message with the G'ma stating that if your daughter is not returned within 48 hours you have no choice but to file felony kidnapping charges against X.  If you know G'ma's address, send a certified letter to this effect as well.  Then when that 48 hours is up...march down to YOUR States Attorney office and file the papers.  A warrent will then be put out for her arrest....and if you think she may be on public assistance, they should be able to find her right quick.  I had to do this with my son when his father took off with him...within in a week I had my son back...

Good luck!!