Can my ex take my Daughter from me cuz im not working?

Kara - posted on 03/22/2011 ( 4 moms have responded )

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this is what is happening me and the ex seperated when she was little over one i had school up in michigan and he wanted to live in alabama long term relationship wasnt working he stopped calling he would wait have few months and stopped calling so i wouldnt know her number..he thinks its easy to just let her go down there with him but its not she dont know him and i think it would scare her if i did that and i know he will try and take her away from me he calls me and has threatened me and my boyfriend and i dont have a job at the moment i am out of school cuz of some serious situations i would love to go back though....he is scaring me saying he will get a lawyer but i heard he cant do that unless he ldoes in the same city as which she was born in...i have said to him he can see her but not take her im not keeping her away from him im lettin her talk but i have nothing to say to him....i gave him the address to the new house and phone number and now he is abusing it and calling me non stop over and over agian dont let it stop ringing its stressing me out so bad i dont know how to do this whole child support at all and like i said i dont have a job i cant afford a lawyer at all so im terrified that he will take her away from me he has her birth certifcate from when i lived in alabama i didnt bring it because i thought i was comming back. so i have to get another bc he has threatened my father too and in the passed he was a drinker and smoke marijuana, i dont know if he still does it, but i dont think he is a fit father because of the fact he threatens me and the people around me and he abuses everything he does.i need some advice really bad before i have a nervous breakdown.

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Erica - posted on 03/25/2011

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ok first with the phone calls. I know here in Indiana the non custodial parent in entilted to 1 phone call per day at there cost. Also the child can call as often as they like.
Is there a custody agreement? Were you ever married? In Indiana if a child is born out of wedlock the mother has custody until a judge orders otherwise. However if you were married and not agreement then yes he can keep her.
Get ahold of legal aid ASAP!!!!!

Vanessa - posted on 03/24/2011

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i live in nj and one parent cant take a child away from the other unless u have proof that that parent is doing something to put the child in harms way...so no he cant take u kid away from u....

Crystal - posted on 03/22/2011

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I live in Massachusetts so our laws maybe a bit different. He can not take your daughter away from you unless he can prove you are an unfit mother. If he is threatening to harm you or your family you should contact your local police department they can advise you what options you have.

Gwen - posted on 03/22/2011

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Check with Department of Job and Family Services in your area. Most offer free or reduced legal aid based on income. If your child is healthy, safe and provided for he can't take her away just because you are out of work. Document everything you can think of about how often he visits, calls, writes or, interacts w/ his daughter. Document the threatening behavior and harassing phone calls. File a police report so you have evidence for a restraining order against him. Quit letting him bully you. Is your custody/visitation arrangement court ordered? If not, you need to file for custody where you live. If you wait for him to file in his town, you will be traveling for all the court hearings. Also, you can get a notarized copy of her birth certificate by contacting the health department in the county/state where she was born.

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