Doran_Martell
recently joined
Reged: 05/14/07
Posts: 5
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A couple years ago my wife left me for another man. She said she was going to visit him in another state and took my child with her. She then said she was going to live there with my daughter and this other man.
I understand now that what occurred was "parental kidnapping". After some research, it seems that since my child has been living in that state with her for more than 6 months, that state is now her "home state", and apparently it's okay for this to have happened, because it happened more than 6 months ago?
During the couple of years, my daughter has visited me and I've even flown out there. I've given more than the child support guidelines allow, even though we are not even legally separated or divorced. It was not the first time she'd gone into the arms of another lover. In the past, I've taken her back. There was a time when I hoped perhaps we could be a family again.
That time has passed, and I want to reclaim the daughter that was stolen from me. Do I have any legal recourse in this matter? Or is there an effective "statute of limitations" on parental kidnapping? Does her peaceful visitation in the past imply my consent and nullify my parental rights?
My daughter was removed from the state under false pretenses.
What can I do?
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Renee
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
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What are the states involved?
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joym525
old hand
Reged: 03/13/07
Posts: 756
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I would let sleeping dogs lie. Unless your daugter is old enough to tell the judge where she wants to live or child is being abused or you want to spend your life savings for child custody. Pay just the court ordered amount of child support and fly your dauhgter out to visit as much as possible...or could you move to the same town as your daughter and request 50/50.
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Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
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If they are still married, I would think he has many rights to take the child back to his home state as the mom.
However, before doing anything, I would contact an attorney and find out what your options are.
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joym525
old hand
Reged: 03/13/07
Posts: 756
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He does have "as many rights" but I just don't see a judge giving him custody as the child has been out of state for a number of years.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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I agree
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GO CUBBIES!!!!
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Doran_Martell
recently joined
Reged: 05/14/07
Posts: 5
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The child is 8 years old and I believe that in a closed session with a psychologist she would request to live with me.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
The child is 8 years old and I believe that in a closed session with a psychologist she would request to live with me.
I don't know of ANY state where what an 8 year old wishes is even remotely taken into account. Time for Plan B.
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GO CUBBIES!!!!
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Doran_Martell
recently joined
Reged: 05/14/07
Posts: 5
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Quote:
Quote:
The child is 8 years old and I believe that in a closed session with a psychologist she would request to live with me.
I don't know of ANY state where what an 8 year old wishes is even remotely taken into account. Time for Plan B.
The reason I brought this up is because of the following snippet from http://www.divorcesource.com/NJ/ARTICLES/gruber4.html:
Quote:
Contrary to the belief of many, there is no set age at which a child can testify in Court. So long as the child is mature and can express an opinion, the Court will conduct an in-camera ( not open to the public ) interview with the child at which time the child will be asked questions concerning preferences of custodial arrangements. The court, upon request, must interview children 7 years of age or older. Discretion is advised for children below age 7. The Court will either transcribe the interview or record the interview. Children may tell a parent that they want to live with them and may sometimes tell the other parent that they want to live with them, but often the children tell the Court that they want both parents and wished they were not undergoing divorce.
So though they may allow her to say her piece, they will not give it much weight?
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joym525
old hand
Reged: 03/13/07
Posts: 756
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The child has been out of your state for a couple of years. So she was 5 years old when she left your state? Is it HEALTHY for the child to leave her mom? Children need their moms on a daily basis IMO. (I know the medn will love that statement). I would only pursue this if there is suspected neglect/abuse or the mom is not letting you see the child on a regular basis.
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