Keeping My Daughter from Me After I Have Ahd Her for the Majority of the Year an

[DDO405]

So my fears have been proven correct.  She has gone back on our handshake deal and is not allowing me to get my daughter today, says only on my two days off per week.  I am trying to find out what I need to do court wise and where I need to go and if her changing this and not letting me get my daughter would qualify for a temporary emergency custody order. I am also looking to fill out a parental plan, do I take this to DHS or what? And it looks like it has to be signed by both parents? I am all kinds of confused now.

[ocean]

How long has she had child so far? That will depend on if you can file emergency temporary custody...
You would file in family court, they have the paperwork, or it is online.

[DDO405]

She kept her 4 days last week and has had her since Thursday at 3:50 PM and is now saying I can only have her on my two days off per week after handshaking on a deal that we split seeing her 50/50 every week and agreed to let me get her today and return her Thursday and then she keeps her for 3 days and we do the opposite each week, 3 days me 4 days her then 4 days me 3 days her.

[ocean]

Ok, you have a few choices: (all involve going to family court and asking where to file, here it is another building around the corner from family court)

1. If you are okay with her staying in mom's school and having her most of the time, then file joint custody papers with a parenting plan. You may only get every other weekend and a day or two during the week as that is what most Non custodial parents get. You can ask for half time BUT she will be able to keep child away from you until court date, which can be stalled and be months away.
or
2. File the ex-parte emergency custody papers (see my other post below) and try to get child back now, and then let mom fight as to when her visitation time will be. This will be need to be done in the next few days as the courts may say "Well you allowed her to go to school for a few weeks already, we are not pulling her, she stays with mom until trial".

[DDO405]

I am on the birth certificate, would I still need to file for paternity before I go to file the ex parte emergency custody petition or parental plan or enforceable visitation order?

[ocean]

I would take birth certificate and any proof that child has been with you from XX to XX. You can type up a little paragraph on what just transpired and ask the courts to grant you emergency custody and that child be returned until a family court hearing... It really is a crap shoot, depending on what judge you get tomorrow. Go first thing, sometimes there is a line, fill out paperwork and hand it back in (bring own pen) and ask how it works in your area. Here you go to the family court building and see judge at some point. They get you in and out. I went in, told my side, judge made decision right there. If judge says, no, then go fill out custody/paternity/parenting plan papers. (Then you might have to do paternity...).

Sounds like she talked to someone/lawyer and told her she basically has the rights right now and if child goes to you, she is afraid you will keep her.

You may also want to try to get her back with police escort and if she refuses, police will write up a report. Then you can bring that to court with you ...just an idea...if you do this be very calm with police and ex, basically you are getting more proof that you tried to pick up daughter from her mothers visitation and she is refusing.

You can also, send her a text asking when the daughter will be returned from her visitation...see what response you get, you can use the text in court.

IF you get in front of a judge it will be VERY quick...less than a few minutes..just remain calm, explain you had custody up to xx, mom had visit and switched her school and refusing to give her back, you have been MAIN caretaker for school, medical and child best interest is to be home and let the courts decide on parenting plan from there.

Good luck (Remember I am not a lawyer, and family court is not very fast or predictable...so what happens here, may not happen by you...)

[DDO405]

They won't give me the birth certificate. 

[ocean]

Go first to town hall where daughter was born with your license and you can get a certified copy...be nice, you should be able to get it right then. Might cost a few dollars to get.

[DDO405]

Go first to town hall where daughter was born with your license and you can get a certified copy...be nice, you should be able to get it right then. Might cost a few dollars to get.

thank you thank you thank you a thousand times thank you!