mother in help, father took daughter

[jaylynn2004]

What is the name of your state? Colorado


My babys father took her on his visit, and on the day he was sopposed to bring her back he didnt. I called the cops and they said since there was no custody agreements between us there was nothing they can do. she is 7months now and he has had her for 3 weeks now. Now he is claiming he is not giving her back cause he says im on drugs. HE has a girlfriend who i dont get along with so i think they are tryinjg to be a family. i have only spent 2 days away from her and it is killing me inside. but i want to do things the legal way. can someone please help me.

 

[LdiJ]

What is the name of your state? Colorado


My babys father took her on his visit, and on the day he was sopposed to bring her back he didnt. I called the cops and they said since there was no custody agreements between us there was nothing they can do. she is 7months now and he has had her for 3 weeks now. Now he is claiming he is not giving her back cause he says im on drugs. HE has a girlfriend who i dont get along with so i think they are tryinjg to be a family. i have only spent 2 days away from her and it is killing me inside. but i want to do things the legal way. can someone please help me.

You need to RUN, not walk to get emergency orders to compel him to return the child to you....you should have done this three weeks ago. You need an attorney if at all possible and you should not let this wait past Monday.

 

[stealth2]

I have to agree with LDi.

 

[rmet4nzkx]

Are you on drugs or have anything that might quesiton your fitness? How old are you?

 

[jaylynn2004]

You need to RUN, not walk to get emergency orders to compel him to return the child to you....you should have done this three weeks ago. You need an attorney if at all possible and you should not let this wait past Monday.

i have filed for custody, but the courts are taking along time. Does he have the right to do this. Also wheni do get to talk to him he trys to say my daughter is more healthier now she is wiith him, and throws it in my face about how she is starting to learn how to crawl. i have been to the doctors and he gave me some anti-depressents and sleeping pills. but i need more help.

 

[jaylynn2004]

Are you on drugs or have anything that might quesiton your fitness? How old are you?

No im not on drugs. WEll the only drugs im on now is what my doctor has given me. some antidepressents, and some sleeping pills. I am 23, and he is 22.

 

[rmet4nzkx]

Did the father sign a paternity acknowledgment, court ordered paternity test, is he paying child support? If not, you should already have custody. Please answer these questions. How old is your child. Do you live alone or with your parents, do you work or go to school? Have you been depressed since the child's birth?

 

[jaylynn2004]

HE took a paternity test after she was 3 weeks old. so he didnt come into her life til she was about a month in a half old. it has not been court ordered yet but he pay some child support. my child just turned 7months old, and no we live on our own, and i wanted to be a stay at home mom til she was at leat 1 years old. Yea i kinda have been depressed since she was born cause me and her father didnt stay together so she could have a real family. but now i cant even sleep,or eat, and i cry and want to go crazy everyday, but i know i cant so i dont mess thing s up for me.

 

[rmet4nzkx]

Did you file a paternity case and was the DNA test he took ordered by a judge or did you just get a paternity test done on your own, not court ordered? That makes a real difference.

 

[jaylynn2004]

no we took a test on our own, not court ordered.

 

[backwardsrain]

no we took a test on our own, not court ordered.

Wait a min .... Were you ever married? I am not sure how it is in Col but in Ohio if you were never married he has absolutly no rights to the child until the court gives him rights. So the police may be wrong. Your attorney will tell you. Strange that your attorney didn't file an emergency order. ???

 

[rmet4nzkx]

no we took a test on our own, not court ordered.

You already have custody, report the child abducted, today. The police may have misunderstood because of the private paternity test that it was court ordered and he had custody, he doesn't. They may contact a judge today and get an emergency order to return the child, if not, go in on Monday and seek an emergency order to return the child, also amend your complaint to have him take the court ordered DNA test unless he is willing to sign an acknowledgement of paternity. Also amend your petitions to make child support retroactive to the date he took the private paternity test, that would be at the rate calculated by the court minus anything he paid to date including child support for the time he abducted the child. What he did is not visitation, it was abduction, there was no court order allowing him custody of your child. Amend the visitation petition for supervised visitation.