custody fight

Miranda - posted on 09/24/2014 ( 3 moms have responded )

3

0

1

I am a single mom and I have raised my daughter on my own for the past 12 years. Her father had been in and out of her life since she was 4. Recently I got engaged and was going to move to Rochester NY with my daughter. I went through all the proper channels to make sure it was legal. I knew my daughter was not thrilled with the idea but this place was very familiar with where we were going along with the people. The day before we are getting ready to leave I get a text from her step mother saying my daughter was in the hospital for a panic attack. No one called me when this occurred nothing. I soon find out her father went to the courts and said I was a threat to my daughter and they granted him temporary custody of her.
I should have had a court date within 72 hours of this happening. Never happened. Almost a month later and having to get a new attorney I still don't have my child back.
The accusations that her father said about me were found false. So I am completely lost as to how screwed up the system is and how they are even allowing this to continue.

3 Comments

View replies by

♫ Shawnn ♪♫♫ - posted on 09/25/2014

13,259

21

2015

Well, actually, if you're planning on moving from Ohio to NY...that's a huge move, that will affect your daughter, and not entirely in a positive way. It may be better to let her stay with her father, for the stability in schooling, and her 'normal' life.

If the age of choice is 12...there will not be a whole lot that can be done.

As far as the hospital treatment...if your custody agreement stated that medical treatment could be sought by either parent, then there was nothing wrong with what happened, except for the lousy timing of the notification to you.

Miranda - posted on 09/24/2014

3

0

1

I was not notified about my daughter being in the hospital till after she was already treated. And at that time I was still the legal guardian.
I am in Ohio and I believe the age for her to choose is 12.
My attorney is taking care of filing what needs to be filed. But having such a flawed system is very disappointing to me.
I have always supported my daughter and given her the best life.

♫ Shawnn ♪♫♫ - posted on 09/24/2014

13,259

21

2015

What is the 'age of decision' in NY? Your daughter, at 12, may be old enough to choose her residence, regardless of your wishes.

If the child was with her father at the time, and she said that she didn't want to move, all he would have had to do would be call his attorney and make it happen (If, that is, she's at the age of decision in your state). ETA: You said that you weren't notified of your daughter being in the hospital...but what do you call the text from SM? Just wondering.

The most you can do is have your attorney file for a court date, but there may be nothing to be done.

Good luck

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms