My husband is keeping me from my 11 month old daughter in Texas

Heather - posted on 09/13/2015 ( 3 moms have responded )

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gofund.me/MissionForMadison

My name is Heather Dudley, I am a 33 year old mother of one. My daughter Madison Park is 11 months old now. Her father Matthew Park and I were married on March 9, 2012 and had our daughter on September 26, 2014 in Lone Tree, CO. We lived in Lone Tree for about a year where I was working as a CAD Designer. After I had Madison I took 2 months off for maternity leave then went right back to work. In January of 2015 I had an accident and had to be put on temporary disability due to having a bad concussion. Then on February 11, 2015 I received a call from our human resources director saying that they were going to have to lay me off. So after loosing my job we couldn’t pay our living expenses anymore because I was the one paying most of the bills with my income.

At the end of March 2015, Matt, Madison and I went to live at his mother’s house, temporarily, in Spring, TX. I have taken care of my daughter day and night since the day she was born and when we moved in with his mother all I concentrated on was taking care of Madison. I was also collecting unemployment from when I worked in Colorado up until June 2015. I was planning on going back to work as a CAD Designer in Houston when all of this happened. On July 21, 2015 my husband and his mother decided they no longer wanted me living with them and kicked me out of the house, changed the locks and threw me out on the street.
I had to move to my mother's house in Pennsylvania temporarily because I had no where to stay in Houston. I found out that my husband was cheating on me for most of our marriage and he cheated on me when I was pregnant with Madison. I need to divorce my husband and retain custody of my daughter, but his family has money and I don't have enough to pay my attorneys what they need for the retainer. The current retainer is $5000.00 but the legal cost may go well beyond that.

Madison has not seen me, her mother, since they threw me out of the house on July 21, 2015. I have been with my baby day and night since she was born and all of a sudden I'm not there. My poor baby doesn't know where her mother is or why I’m not there anymore. She needs me so badly and my husband and mother in law won't even answer the phone when I call to check on her or let me Skype with her so I can see her sweet little face and she can see mine.

After they kicked me out they would not allow me to come back to the house to see my own daughter. She is my life and they are trying to take her away from me. I miss reading to my little girl, giving her baths, playing with her, feeding her and putting her to bed. I can't believe my in laws and my husband are being so cruel. They are hurting my baby mentally and don’t care. Please help me raise the money to pay my attorneys so they can file the paperwork to get Madison back to me. I miss her more than anyone could ever imagine and my heart is broken without her. Thank you for reading this and any little bit will help.
If you know of any way I could get my daughter without going through the legal process please email me at hpark100@yahoo.com and my Facebook account is under Heather Marie Dudley. Or if you can look at our GoFundMe page for my daughter Madison and help out even a little, I would be so grateful.
Gofund.me/MissionForMadison

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Dove - posted on 09/13/2015

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I know you aren't currently in Texas, but since that is where the child resides... that is likely where you will have to go through the court system.

I found this. I don't know if you can find some help through here...

http://texaslawhelp.org/

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Jodi - posted on 09/13/2015

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I agree with Sarah, you could go to the police as there was no eviction notice. But it is probably too late now.

Anyway, there is no way for you to gain custody without going through the legal process. As you were both residing in Texas at the with your child at time you split up, it is most likely that you need to go through the custody process in Texas. And the fact is, you are clearly proposing to move to Pennsylvania. By you moving so far away, you will then be preventing him having any sort of access to the child. So this isn't going to be easy. However, by not allowing you any contact with the child, he is committing parental alienation, which is highly frowned upon and may work in your favour.

You need to be documenting EVERYTHING. Every time you try to contact him to see your child, document what happens (if he denies you, document it). Attempt to come to an agreement with him - document it if he refuses. But make sure you also document the times he agrees to let you see the child - you need to be transparent in this process. Keep in mind that custody is a 50/50 deal - the child is not yours, but neither is she his. In her best interests, she should have a relationship with both of you.

With regard to your request for funds, this is not the place to do that.

Sarah - posted on 09/13/2015

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I am wonderingly why you have not gone to the police? First, to kick you out they needed to evict you. Since you left that is no longer an issue. Second, just as you can't keep the baby from him he can't keep her from you. Do you have legal aide you ask for help with petitioning for emergency custody?

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