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loven_my_kdz

My ex and her new army husband took my child across oregon state lines

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My ex took our daughter across state lines I searched for two years till I got a call from a lawyer threatening me with all sorts of things if I do not sign papers for my daughter to go to Germany I knew this was going to happen because this step dad is in the military and I had already made my mind up that id let my baby girl go as long as we could establish visitation such as a phone I could contact her at and the address over there along with anytime they are back in the states I get to see her I finally got an address to meet them to go to her attorneys office to have everything signed and the plans drawn up I stupidly signed the papers and handed them to her she immediately picked her phone up called the lawyer and FIRED him she told me it would be too long to go there and do all that when all we had to do was sign these papers she must have spaced out the other stipulations I said needed to happen unfortunately I didn't know what to do and withen a couple days they where gone that's been six years ago and I haven't herd from my baby girl since the sad part is I asked my daughter if she knew who I was because she was young and she said mom says your my uncle and dad (step dad) says he doesn't like you I was blown away. its now been six years since ive seen or talked to my daughter. this summer I got a small anonymous hint that they where at ft hood tx so I actually flew down there on a hint and I actually found them so before they could move I petitioned my fathers rights of visitation in the state of texas I am a single father I have full legal custody of my son from another relationship since he was 6mos. old hes now 14years old. so that should ease any ones mind that I am and always have been a fit parent I feel anyone giving me info should have the full story so there it is. my question is Does this qualify as kidnapping, alienation basically what can I do. my ex and I where never married we both agreed to rais her equally and custody should be split custody please from a loving father if you can help PLEASE do thank you for reading

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No, it's not kidnapping.  You cannot "kidnap" your own child.  Furthermore, since you were never married to your daughter's mother, you had no legal parental rights whatsoever and the mother was perfectly within her rights to take the child anywhere she wanted.

 

What you can do, and which you say you have already done, is file an action to prove your paternity and seek a custody and child support order ("parenting plan") from the court in the county where the child lives with her mother.  Once the order is in place you can enforce your right to reasonable visitation.  You could have done this years ago. One wonders, why did you not?

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In the event you post or write about this elsewhere, please know that there's a serious writing problem you need to address.  It's only in the last eleven lines of that post where you started to use any periods, and one of them was to abbreviate "months" to "mos."  :)

For your own good and that of readers, you need to start using proper punctuation (and capitalization).

No, the situation doesn't qualify as kidnapping (you don't mention having any custody or visitation order either).

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It took you 257 words before you used any punctuation in your post.  WTF?

 

As far as your questions, I think you wrote that you have filed something to establish your paternity and obtain visitation.  What more might you want to do?  And no, what you described is not kidnapping.

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Hi loven_my_kidz,

 

As the others have said, you need to establish paternity (legal fatherhood) before you can actually have any legal rights to custody or visitation. It sounds like you may have already done this? However, note that if you have not established paternity (or did not file for paternity at the time you petitioned for visitation), the court is not going to hear your visitation petition. You might consider consulting with a local family law attorney to help guide you through the process. Good luck!

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Seriously hard to read. It sounds like you signed something agreeing to allow her to take the child out of the country. If you agreed to it, then it certainly isn't kidnapping, it is abiding by the agreement you signed. It speaks volumes that you waited 6 years to even try and contact the child. File for a modification if you must but realize you have much to answer for and no judge is going to be keen to grant you custody after a 6 years absence. It doesn't matter one bit that you managed to be a decent parent to some other kid. You had no contact with this one for most of her childhood and she doesn't even know you. Visitation is a possibility, but it is going to be a difficult road.

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