Need help and advice on what to do!

[Pearl72]

What is the name of your state (only U.S. law)? Colorado

I have been in the hospital for a little while, and recuperating - and will be in here for another month or so until I am able to go home.

My ex pulled my daughter out of her school, and enrolled her in his school, and is going to the courts today to do orders stating he has custody, and will have the child support stopped, and is wanting my daughter to only have visitation with me. This whole situation has been upsetting for my daughter. He refuses to let her come see me.

What rights do i have? He is taking advantage of the situation... and it is affecting my daughter really bad.

He is only doing this too, to have child support stop, but he owed several thousand in arrears...

 

[mommyof4]

Who has been caring for the child during your time of illness?
Are you able to fully care for and meet the needs of your daughter once you are released from the hospital? If not, do you have support ready and available to help you?
What have you done to address the arrearage?

 

[Isis1]

What is the name of your state (only U.S. law)? Colorado

I have been in the hospital for a little while, and recuperating - and will be in here for another month or so until I am able to go home.

My ex pulled my daughter out of her school, and enrolled her in his school, and is going to the courts today to do orders stating he has custody, and will have the child support stopped, and is wanting my daughter to only have visitation with me. This whole situation has been upsetting for my daughter. He refuses to let her come see me.

What rights do i have? He is taking advantage of the situation... and it is affecting my daughter really bad.

He is only doing this too, to have child support stop, but he owed several thousand in arrears...

pearl, in your last post you seemed to give the impression you may not recover and would only be sicker until death. because of your stay in the hospital, under those circumstances, dad having daughter would be the best interest of the child. yes, i know the background, dad's probably the biggest jerk when it comes to non-custodial parents. but you cannot maintain custody while on the hospital. without a court order saying dad has to bring daughter to the hospital, or you appearing in court, there isn't much you can do without an attorney. you need an attorney, pearl.

 

[Pearl72]

I have just gotten out of the hospital - My daughter has been with her dad for about a week at this point. Am i able to go and pick her up now? He enrolled her in his school district, however, she isn't "enrolled" due to the school she was attending will not release her records until i sign them over, which i refuse to do. I tried to go to the school she is enrolled in, and they refuse to let me take my daughter since I do not live in his house, and have no "rights" even though i gave them a copy of the custody order... they didn't care.

I am able to take care of my daughter, and just want her back. A lot has been said to her that I had abandoned her, and she did not know until a day or so ago that I was even in the hospital. I have talked to her on the phone, and she wants to come home, but what are my legal rights? Can i just demand my daughter back or what must i do? PLEASE HELP!!

 

[Isis1]

Pearl, what are your chances of a setback in regards to your health?

barring a new court order, your last court order stating you have custody, still stands. did dad get a new emergency court order?

 

[Pearl72]

To my knowledge he has not filed an emergency court order or anything. How would i find that out? Wouldn't i have to be notified?

My health is fine as of now. I had a severe allergic reaction to one of the meds they were giving me for my BP. I am not on other meds, and am doing wonderful, otherwise they would not have released me from the hospital. I am willing to do a plan that states if I ever get in dire health that My daughter goes back to her dad, and at which time, custody will be reversed etc....but i sincerly doubt that will happen (my health giving way that much).

Can i go and demand my daughter back? Do i need to get the cops involved? What do i tell my ex? Please help! I want my daughter home! Thank you.

 

[Isis1]

To my knowledge he has not filed an emergency court order or anything. How would i find that out? Wouldn't i have to be notified?

My health is fine as of now. I had a severe allergic reaction to one of the meds they were giving me for my BP. I am not on other meds, and am doing wonderful, otherwise they would not have released me from the hospital. I am willing to do a plan that states if I ever get in dire health that My daughter goes back to her dad, and at which time, custody will be reversed etc....but i sincerly doubt that will happen (my health giving way that much).

Can i go and demand my daughter back? Do i need to get the cops involved? What do i tell my ex? Please help! I want my daughter home! Thank you.

remember the police can only take a report and are not responsible for returning your daughter unless they are court ordered to enforce.

wait for OhioGal to respond as this is out of my league.

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado

I have been in the hospital for a little while, and recuperating - and will be in here for another month or so until I am able to go home.

Who did you plan to take care of her all this time? 6 weeks or more?

Who but her father?

I fail to see his "sin."

 

[CourtClerk]

My health is fine as of now. I had a severe allergic reaction to one of the meds they were giving me for my BP. I am not on other meds, and am doing wonderful,

I'm sorry to sound so skeptical, but a few weeks ago you were at the brink of death. Not gonna make it and all of that other jazz. What happened to that?

 

[Pearl72]

They didn't know if I was going to make it, the medication made me very sick, and so that is why i said what i did.

Do i have any hope of obtaining custody of my daughter again? Granted i know that i still have custody of her technically... If not, what would be a reasonable visitation, since she used to be with me 70% of the time... It would be very difficult to just go to 20% time, or what he is suggesting, only every 3rd weekend for visitation, that's it. That is unfair -- and unreasonable in my eyes.

 

[LdiJ]

They didn't know if I was going to make it, the medication made me very sick, and so that is why i said what i did.

Do i have any hope of obtaining custody of my daughter again? Granted i know that i still have custody of her technically... If not, what would be a reasonable visitation, since she used to be with me 70% of the time... It would be very difficult to just go to 20% time, or what he is suggesting, only every 3rd weekend for visitation, that's it. That is unfair -- and unreasonable in my eyes.

Pearl, you honestly need an attorney. You are neither strong enough, nor healthy enough to handle this on your own. On top of that you are dealing with a father who has no respect for any court orders and has done some pretty awful things in the last year.

Please get your family to help you hire an attorney if you can't swing it on your own.

 

[Silverplum]

Who did you plan to take care of her all this time? 6 weeks or more?

Who but her father?

I really would like an answer to this question, because I can't figure out what to say next without that answer.

 

[mommyof4]

I really would like an answer to this question, because I can't figure out what to say next without that answer.

I don't think she'll answer based on the fact that I asked her on 10/23 who was caring for the girl while she was in the hospital. Her answer? Dead silence.

Of course, she also state that dad WAS to be in court that day for an emergency custody order.

 

[Pearl72]

i apologize for the delay. My mother was taking care of her up until he took her. He took her last week.

 

[Silverplum]

i apologize for the delay. My mother was taking care of her up until he took her. He took her last week.

Why do you give your mother more time with the child than the child's own father?

You WILL BE called upon to answer this very question in Colorado court, Pearl. Better think up a way-good answer. Six weeks (bare minimum) is WAY too long to send the child to Granny's -- when Dad is right here in town, wanting time with his child.