Could my daughter father take her

Tiffany - posted on 04/08/2012 ( 4 moms have responded )

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I'm a wife and a mother of 3, my oldest is 8 years old, she don't belong to my husband but we was together when I was pregnant with her. My child father was cheating with someone else, well anyway her father been getting her every weekend, every holidays, spring break and also summers breaks . Well this year I move to Norfolk Virginia which Virginia is about two and a half hour drive, I was still going to let him get her like he always do, but he took her and now trying to take me to court for full custody I don’t know what to do, because I just move here and I am looking for a job and he got one and he got a lawyer and I don’t yet he won’t let me see her like that “I never been without my baby and he's taking me through a lot tell me what would you do.

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Dove - posted on 04/08/2012

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Did you have a custody/visitation order already? If so, then he can't just take her. It would be up to you to make sure he still has the same visitations at no extra hassle to him (since you're the one that moved), but everything else should be able to stay the same if you can prove you moved for a good reason (generally good to get court approval before these kinds of things though).



If you didn't already have a custody/visitation order.... then yes, he can take you to court.



It is VERY important in these situations to have everything in writing and everything court approved. It protects everyone involved.



Good luck! If it were me.... I would get a lawyer and tell them everything. Make it known that you had every intention of keeping visitations the way they've been for her whole life. Oh, and I'd pray.

Tiffany - posted on 04/08/2012

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I talked it over with him and he was cool with it,but his mother wasn't so she talk him into taking her he was still going to get her every weekend, I move because it was hard to find a job where I was living and up here it's more jobs and the school up here teach more. I didn't do it to hurt him he have a good job so I was looking to find one also

Isobel - posted on 04/08/2012

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How far are you from your old city? I hate to say it but yes, if you moved far away and expect her to change schools and not be able to see her dad as often as she used to...he has a good case to win custody.



Why did you move so far if you don't have a job there yet? And why did you make such a big move without discussing it with him first?



How does she feel about all of this?

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