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What If???????

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RPS

Junior Member
What is the name of your state? RI

To get more background on my situation you can read my post, Titled : Opinions Needed/Custody Jurisdiction. That I post a few days ago.

Quick Summary:
Never married. Served her here in RI in Sept 2003, went to court 3 times, Oct, Nov. 2003 & Jan 2004. Was given supervised visits to reunite myself & daughter, but never got to see her because after it was ordered she fled to FL against a restraining order that was in place, stating she was not to remove the child from the state until further order of the court. Now her lawyer is trying to get a dismissal saying RI doesn't have jurisdiction. But until the decision is made, all orders are in full force & effect. We go back to court in Jan 2005.

My question is what if my ex came back to RI to see her boyfriend whom is still living at the address they were living at before she fled to FL, with my daughter. I know that they are still together because I spoke w/him a week ago, I thought they were threw but he told me they have been back together for a few months now and that he has gone down to FL a couple of times to see them. I asked if he was moving to FL, he stated that he has a good job here in RI he rather her give up her job and move back to RI, so it is a possibility that she may come back. I know my daughters school vacation goes from Dec 17 - Jan 3. I think she may come here between that time at least to visit him; if not stay. Is it possible to get a temporary custody order and get my daughter until everything goes through the courts, before she goes back to FL, if I find her here in RI??
 


stealth2

Under the Radar Member
I really, really think that your situation is sufficiently complicated that your best bet is to speak with a local attorney and then follow his/her advice.
 

KKHeuser

Member
RPS said:
What is the name of your state? RI

To get more background on my situation you can read my post, Titled : Opinions Needed/Custody Jurisdiction. That I post a few days ago.

Quick Summary:
Never married. Served her here in RI in Sept 2003, went to court 3 times, Oct, Nov. 2003 & Jan 2004. Was given supervised visits to reunite myself & daughter, but never got to see her because after it was ordered she fled to FL against a restraining order that was in place, stating she was not to remove the child from the state until further order of the court. Now her lawyer is trying to get a dismissal saying RI doesn't have jurisdiction. But until the decision is made, all orders are in full force & effect. We go back to court in Jan 2005.

My question is what if my ex came back to RI to see her boyfriend whom is still living at the address they were living at before she fled to FL, with my daughter. I know that they are still together because I spoke w/him a week ago, I thought they were threw but he told me they have been back together for a few months now and that he has gone down to FL a couple of times to see them. I asked if he was moving to FL, he stated that he has a good job here in RI he rather her give up her job and move back to RI, so it is a possibility that she may come back. I know my daughters school vacation goes from Dec 17 - Jan 3. I think she may come here between that time at least to visit him; if not stay. Is it possible to get a temporary custody order and get my daughter until everything goes through the courts, before she goes back to FL, if I find her here in RI??

I agree with Stealth. I did read your previous posts and I think you need a new attorney one who actual does the work and not just collects the retainer. I think and I stress think that if you and she were together in RI and the baby was born in RI and you all lived in RI for the better part of a year then RI should have jurisdiction but again I don't know the laws there. Florida I think does not extradite parents who've kidnapped their children but, again I'm not sure. However, if the restraining order was filed in RI and your visitation order was granted in RI then she committed a crime by ignoring both and could be facing jail time. If she sets foot in RI to see her boyfriend she can be arrested and I'd say you have a good chance of obtaining at least temporary custody as she is a flight risk and has proven it.
 
Only problem I see is that he hasn't seen this child in a over a year (if I understand correctly) and that he was to be reaquainted so would a judge then grant him custody or would the child be put in the system "until further notice" That would be my only fear in this situation.
 

KKHeuser

Member
SMURFEELAW said:
Only problem I see is that he hasn't seen this child in a over a year (if I understand correctly) and that he was to be reaquainted so would a judge then grant him custody or would the child be put in the system "until further notice" That would be my only fear in this situation.

No clue but I would think that since the child is kindergarden age that it would be less devastating to be sent to her father than to be sent to live with complete strangers.
 

ann123

Junior Member
i don't understand

:mad: i don't understand why most of the mother's get what they want about their child. Why father's side is always the bad and they never look in depth. i don't like how the laws work sometimes. It seems like the laws are always in favor with the mothers even how bad the mothers are. .... :mad:
 

RPS

Junior Member
Thanks for your replies. Our next court date is set for Feb 2nd. I am hoping to find her here & am hoping there is something that can be done. My lawyer is recovering from an illness, so I haven't gotten a chance to question him on it. In the mean time I am collecting as much evidence I can against her. I have successfully obtained most of her school records and some medical records in both states.

And yes she was born here in RI lived her until she was 4yrs. And we all were living here in RI which was were we served her.

I just pray for justice in this matter, if there is any

Thanks again for the replies. I will keep you posted on anything new.
 

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