Do i have any rights to see my daughter before scheduled hearing

[MIA_MICHELLE]

Do I Have Any Rights to See My Daughter Before Scheduled Hearing

What is the name of your state?What is the name of your state? Oregon
I have been the only parent activly taking care of my daughter and I allowed my daughter to visit with paternal grandmother for the summer and she was supposed to return the end of August. Father was supposed to fly and get daughter to bring her back after visit. Father said that he was unable to get time off of work and that he had to wait until Sept 28 until he was able to go. Of course another excuse came and finally on November 1, 2004 he served my with papers seeking custody and he said that he has been her only provider since she was 8 months old. He is also saying that she is back in Portland and refuses any contact with her. I also have 3 other children and he wont allow them or my mother aby contact.
Before all of this my mother would take my daughter for 2-3 days out of the week. i responded to petition, but the pre-trial is'nt until 1/7/04 and I just want to see, hear or for my mom to be able to have some sort of contact to at the very least know that she is ok. I dont know anyone that has had any contact with her and I cant belive that I dont even know if she is even ok.
I tried to get a temporay order, but the dlerk said that they only have those if the child is in immidiate danger. I said that I dont know if she is or not, but she may very well be, she said that unknown did not mean immidiate danger. I want my daughter, at the very least I want to hear her voice. I went to get legal advise from a place recommended from the courthaouse for low income parents and it cost me $25 for a person to write down what was going on and to tell me that in order to get legal help I had to pay $500 more. I have almost gotten the money together, but I had tonot pay my electtrucity bill and explain to my other daughters that our christmas will be getting her back, but time is going by, another day without her! I cant belive he would hurt her like this! He doesnt even know my daughter! What is she going through? What can I do? undefined

 

[stealth2]

A few questions.... Were the two of you married? If not - has paternity been legally established? Are there any court orders granting you custody and/or granting him visitation?

 

[Reyna7]

Huh?

This makes no sense what so ever. You talk about three other children that "He" won't allow them or your mother any contact. Huh???? Does he have custody of your other children? BTW, How old is your daughter? Is she old enough to be in school?

I really do not understand this, if MY child was gone for a visit and not brought back, I would have been in a car, driving to grandma's and getting my daughter back, not sitting listen to excuses as to why they were not returning her.

 

[stealth2]

This makes no sense what so ever. You talk about three other children that "He" won't allow them or your mother any contact. Huh???? Does he have custody of your other children? BTW, How old is your daughter? Is she old enough to be in school?

OP has three other children (I assume living with her) who Dad will not allow the daughter he has to speak to.

I really do not understand this, if MY child was gone for a visit and not brought back, I would have been in a car, driving to grandma's and getting my daughter back, not sitting listen to excuses as to why they were not returning her.

Again, a lot will depend on the legalities of her situation - what papers she has, or doesn't.

 

[Reyna7]

Thanks Stealth

I sometimes read these post and wonder what the heck they mean,,,now that you type that it makes more sense.

Thanks

 

[MIA_MICHELLE]

rights to see my daughter before hearing

A few questions.... Were the two of you married? If not - has paternity been legally established? Are there any court orders granting you custody and/or granting him visitation?

No, we where not married amd yes paternity has been established. We have never been to court and there has never been any judgements for custody. The only court documents is a judgment for support that says that I have physical custody, but it is from support enforcement and it is not able to determine custody if contested. I ahve always allowed him to see her anytime he wants to anwas on public assistace for a short time and that is the reason why there was a support order, no supprt was has ever been paid directly to me only to pay public assistance. All of thus started when Support enforcement served him with new support order for back owing suppport because he got a raise. I knew nothing about it and I havent been on public assistance for atleast a year.

 

[stealth2]

At this point, you're pretty much well & truly stuck. You both have equal rights to the child, and absent a custody/visitation order, he does not have to allow you contact. I'm sorry.

 

[MIA_MICHELLE]

This makes no sense what so ever. You talk about three other children that "He" won't allow them or your mother any contact. Huh???? Does he have custody of your other children? BTW, How old is your daughter? Is she old enough to be in school?

I really do not understand this, if MY child was gone for a visit and not brought back, I would have been in a car, driving to grandma's and getting my daughter back, not sitting listen to excuses as to why they were not returning her.

The grandmother lives in Sedona, Arizona and I did go there to get her and, but when I got there the grandmothers phone was disconnected and she had moved from the address I had. The police could not help me because they said that since there was no custody order that even if she was there if he gave her permission, there was no crime and if theer is no crime then they didnt get involved unless there is a court order for police assistance . I dont have any money and I dont own a car! I did not know anyone in Sedona. I never even heard of the place before having my daughter. . There are so many things that I should of done differentl, I should of went and gotten her as soon aas the plans changed I should of hitchhiked if I had to! I recite all of my shoulda, woulda, couldas if not aloud then over and over in my head.
My daughter is the paternal grandmothers only grandchild and I had made a promise to her that no matter what the circumstances where between me and her son that I would do everything i could for her to see her and to have a relationship. i promised that every summer she would visit her. I thought that I was making the right desision

 

[Reyna7]

More Questions

How old is your daughter?

I think we all can do those "would've" "should've's". I have also tried to keep a relationship going between the grandma/grandson, so I do understand your thinking on all that. How did your daughter get to AZ?

I wish I had an answer for you, but unfortunately, I think Stealth is telling you the facts and unless someone else on here has another answer, you are going to have to go through the courts to try and get her back or at this point get visitation.