Can my husband take my daughter

Stephanie - posted on 12/27/2013 ( 1 mom has responded )

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My husband and I have been separated for about a year now and Im finally about to proceed with the divorce. I used to allow him to see my daughter and spend time with overnight until about 4 months ago when she started to behave differently. She started acting very violently toward me when I tried to take her back and cried very very adamantly for her father. She had not behaved in this manner .. ever.. I was quite surprised and as you could imagine very heartbroken since i had NEVER, EVER seen this type of behavior. She also was very very submissive and leary of new people including children and still is to date. Im not sure of what was going on when she left becuase i was uncertain of where he was residing. He had orginally told me that he was living with relatives and because I knew the relatives, I didnt question it. It wasnt until i noticed the behavior and complete change of attitude that I decided to really question what was going on. She appears to love her father but will not interact as normal when he is around. She is normally a very playful and energetic 2 yr old, however when he is around she is not playful at all nor does she say a word. I have never seen anything like it. She will let him hold her and kiss her but in my heart I feel something isnt right with the situation. Ive let him come over for visits but she never leaves my home with him anymore because I just sense that something is wrong. She has not violently fought against me since that one tme however, she still does not interact normally with him( at least not in my presence). He claims that he is going to try and gain physical custody of my daughter because she wants to stay with him and he feels that he is more capable of caring for her than I. He has not attempted to gain this custody so far as i know but i fear that he will. he has not provided any financial support for her nor does he provide health insurance. She currently is in my physical custody but I fear letting her go because he may never bring her back. Is this a possibility that he can just take her and not bring her back if I allow for him to see for an overnight visit? He tried to take her forcefully once before and I filed a police report . I am deathly afraid that he will try to break in my home and kidnap her . I have also had to file police reports for domestic violence in the past and I dont want my children ( ihave an 11 yr old son from a different father)or myself to be hurt physically or emotionally during this. I live in FL. If anyone has information on tips on how to handle this please post as soon as possible.

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Michelle - posted on 12/28/2013

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In short: yes with the way you have been dictating the visitation on your own.
You need to go to court and get visitation set in court orders.
If you are concerned about the way your daughter behaves around him the get her into therapy to find out why.
The way you are dictating when and how he sees her looks bad on your part with the courts. Get yourself a good lawyer and get things in writing.

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