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Mother is keeping Father[me] from child, please help!

Started by kran516, Jul 24, 2013, 02:07:24 PM

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Hello, my name is Kevin and I live in the Tampa Bay area. I am the father of a beautiful baby girl named Sunnie.

Her mother,Mallary, and I were in a relationship from 2009 until Father's Day 2013. On this day, I had Mallary arrested for the second time for domestic violence against me and in front of our daughter. I dismissed the charges from the first arrest on May 12, 2012, which I regret now. I will not be dropping the current charges.

The state attorney here in FL still has not decided if they will be pursuing charges against her.

When Mallary was arrested, I got my daughter and some of her items that she would need. I also put as much of my clothing and belongings in my Mom & Stepfather's vehicle.

While Mallary was in jail, I had my daughter. When she got out of jail, her mother Diane made contact with me to make arrangements to pick up Sunnie. Due to the no contact that was in place I could not directly talk to Mallary. Her mother Diane acted as our go between. We (Mallary & I) agreed that I would bring Sunnie to her and that I would get
her back on the days that Mallary went to Cosmetology School (which are Thursday, Friday, and Saturday from 8a-8p). Well needless to say, when I tried to make arrangements to pick Sunnie up on the days we agreed upon she would not let me pick her up. I have not seen our daughter since June 17,2013. Mallary insists that Sunnie (our daughter) is breastfed and can't be without her mother. Sunnie is 20 months old as of the 28th of this month. Sunnie had no problem going without breast milk during the night that she stayed with me.

Mallary also refuses to let our daughter be at my mom's home. CPI came in and did a home inspection; they did background checks on my mom and my step-dad as well. CPI found no problems here. Mallary has not had a social
investigation done on her. Mallary was baker acted twice when she was a teenager by her mother. Mallary has a mug shot from some kind of charges from when she was in New York. She also has a few arrests in Florida.

Mallary relies a lot on her mother Diane to help with Sunnie. Her mother does not have a driver's license. Her mother also has an alias and has had several arrests ranging from filing false police report, fraud, and physically abusing an EMT professional. Mallary is currently talking to a man, Zachary who has served time in jail for charges of FEL/DELI W/GUN/CONC WPN/AMMO. He has also been arrested for other charges.

The only thing I have on my record is regarding my Driving License; it is suspended due to repeated unpaid tickets and driving without a license. I am working on resolving this issue.

I filed a Domestic Violence Injunction (DVI) against her for the abuse and in retaliation Mallary filed one against me. A substitute Judge dismissed my DVI that I had filed on Mallary. The Judge would not allow me to put into evidence my pictures of abuse ,nor the audio recording of the events that took place on the day I had Mallary arrested.

I could not afford an Attorney. I am a Graphic Designer and Mallary has done everything that she could to keep me from excelling at this. Mallary has destroyed my Mac laptop and cell phone last year. During the past year she has also destroyed the majority of my canvas art. She spray-painted these. On June 16, 2013. She destroyed a laptop that I had just received from my brother, my IPOD, a whole wardrobe, and the list could keep going. She has destroyed almost everything that I own in addition to the physical and mental abuse that I endured with her during our relationship.

Mallary refuses to work or allow a babysitter to watch Sunnie. So the 3 days of week that she went to school I was the primary caregiver. I had to get a job and tell them I could only work 3 days(4 days but who works on Sunday). I was expected to pay all the living expenses with the days that I was able to work. That was not enough money to cover all the living expenses.

I borrowed money from my Father and got an attorney to represent me on the DVI that she filed against me; he also requested a rehearing on my DVI against Mallary. The attorney caught Mallary in several lies during her DVI hearing against me. Mallary tried to over talk the Judge. The DVI against me was dismissed. The rehearing on my DVI was also dismissed.

Mallary has now filed a Proof of Paternity. I was served these on 7-8-2013. My name is on Sunnie's birth certificate as her Father. She verbally stated several times at my DVI hearing against her that I am Sunnie's biological father. Throughout the DVI that she filed against me, she stated that I am Sunnie's biological father. Throughout the Proof of Paternity she also states that I am Sunnie's biological father.

The job that I was working at when all this happened has allowed me to go from a part-time employee to an employee that works on contract. I went from 24 hours a week to 3 or 4 hours a week, if that. I am currently looking for a job.

It is hurting me so bad to be without our daughter. I would like to seek primary custody of our daughter, with appropriate time-sharing. The audiotapes that I have from the abuse show how explosive Mallary gets
and how her first-born child is scared of her. This is not what I want our daughter to grow up with.

I cannot afford the attorney I used in the DVI case and I am in need of an Attorney that can work on a sliding scale fee. Please I am desperate for help.