About to start fighting for the only thing that matters...

[JayceAce23]

Ok....been lurking...signed up today, hoping to get a lil help andsupport as the closer I get to the court date the more this is weighingon me.

State of WI.  20 month old daughter....I am paternalfather w/CO specifying Shared Placement and Joint Custody based upon usresiding together.   BM took off without my knowledge or consent tomove to MN.  I have retained a GOOD attorney....court date next week.  I have documented as much as I could....dates, times, etc.  I alsohave texts and call records.....I feel like I"m looking up a looongsteep hill but I want my lil girl back.....I have been in her lifesince day 1....and taken care of her (and my exs 3 daughters from herfirstmarriage) non stop during that time.

She moved to MN to becloser to her church and family took off one day while I was atwork...has blown 3 promised visits, I have made a trip up there the 1stchance I got with two days off in a row, but she has no job, no placeof her own, no real support system and her sisters walk all overher.....I on the other hand am gainfully employed and love my daughtervery very very much.

Any experiences to share, tell me what i'min for...I know it aint fun....but this isn't about my ex....it's notabout me....and it sure as he11 isn't about the money...I'll gobankrupt before I stop....this is about my lil girl and her havingevery opportunity that I can provide.....as well as the loving,supportive relationship with her father that I never had with mine.

realistically....whatsanyone think of my chances here.....thanks for any support oradvice....I'm feeling kinda like I got the world to shoulder on my ownout here...

~One Concerned Daddy.

[Davy]

In like cases, with the other parent absent, you should receive temporary sole custody. You may all ready know that WI is clearly considered the Home state and BM will not be able to legally engage Mn jurisdiction.  Refer to the articles section on this site for information on the Uniform Child Custody Jurisdiction Act or Enforcement Act (UCCJ/EA).  Normally and unfortunately Home state will not force the return of the child but can make (and should) make life miserable for the abscounding spouse.  The very worst of this type of case is that the custody and well-being of the child is left in limbo.  Usually fathers do not fare well in foreign (Mn) courts. 

Hopefully the BM will return with the child and get her head together.  Her actions are often the very worst for all parties involved. 

Best to you, your daughter and even the BM.  This can become a long and expensive ordeal.
Hopefully no one will convince you to submit yourself to Mn juristiction.

[JayceAce23]

Davy Thanks for the reply and support.    I am hoping for sole temp custody.  as I have been with out my daughter for over a month now which in my heart is crazy unacceptable.   I've been doing the research, and definitely put some serious legwork in on finding an attorney....Now I suppose it's just a matter of leaving it up to the courts....

I appreciate your reply.  I'm afraid this is going to indeed get long and expensive.....but truthfully I don't think she realizes she's in contempt...

[Giggles]

Ohhh drat...I wish you would have posted sooner.  My X did this with our 10 month old son...many years ago (son will be 12 in a week).  At that time no custody had been established, but I was able to gain Emergency Temp Custody and he was ordered to return Son or face Parental Abduction charges.  He didn't return him and a warrent went out for his arrest...he finally turned son over to me.

Did you ask your attorney about that route?  Parental abduction?  If you have joint custody and placement, and she took the child out of state, that's abduction!!

Good luck to you!!

[JayceAce23]

Giggles, Thanks for your post and your experience......My attorney and I have not went that route as yet....I suppose mostly b/c I was hoping to work this out prior to filing or actually getting to court.  She is making that impossible.....and having only seen my daughter twice in the last month isn't acceptable....so the gloves are coming off when we get to court.


I have a consult with my attny tomorrow and will mention this to her.....but considering the hearing is tuesday.....I suppose it's a lil late for that unless she attempts to abscond with her again if the court doesn't give her her way....I very much appreciate your response tho....how did the emergency temp custody thing work in your case??   I'm curious....

[Giggles]

It probably is still worth mentioning about parental abduction...might make Mom a little more willing to work with you.

As for my case...since custody hadn't been established, father took son out of state and without warning, the family court felt that my son could be in danger.  I came home from my mothers b-day party and he was gone...no notice...cleared out the apartment and dissapeared.

I filed the minute I was able too...which since they took off on Friday night...Bright and early monday morning I was at the court house.  I didn't hear from my X until Wed, thats when I informed him he had 48 hours to return son...faxed up the order and didn't hear back.  When the 48 hours were up, I filed for the abduction charges and the warrant went out.  Once he was notified, X said come get him.  So I hopped on a plane and got my son back...then made him reimburse the costs of that trip!!

Do you have a "Move away" clause in your order?  Perhaps you may want to get that included!!