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Joined: May 2002
Posts: 112
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Joined: May 2002
Posts: 112 |
my H is living with OW, my attorney just called to say that my H will get custody since i fled the state, i came to live with my parents with D. please someone, give me advice, i can't stop crying, i can't lose my daughter! i am devastated!
is there any way i can get my daughter back, so far she is still with me, i can't let her go.
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Joined: May 2002
Posts: 138
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Joined: May 2002
Posts: 138 |
Nezi-
It doesn't make sense to me why your H would get custody if you can prove adultery, but I guess it depends on the state.
I would recommend calling another attorney... and find out what you can do (i.e. move back in-state?) to prevent loss of custody.
Good luck and hang in there!
-JG
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Joined: May 2002
Posts: 112
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Joined: May 2002
Posts: 112 |
the attorney told me i would have to move back to MO, H can get a court order to have me go back tommorrow. as the attorney stated it. i asked her a few weeks ago, if there would be any way he would get custody, and she said no, he would not be able to get custody.
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Joined: May 2001
Posts: 1,091
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Joined: May 2001
Posts: 1,091 |
nezi,
Sorry, I'm not up to date on your story.
Did your H leave on his own or did you ask him to leave?
I live in Indiana.....the law here states that if my H leaves and takes nothing with him....including the children.....he has no right to anything.
I considered leaving the state after one of the times my H left.....and there would have been NOTHING my H could have done about it.
By leaving the state you have not kidnapped your child...he left her with you afterall.
I don't believe that your H can get a court order making you come back....if your D or legal seperation states that you have joint custody or even if you have sole custody with him having visitation....I believe that he can petition that YOU provide him with visitation and that YOU provide transportation......but they can't designate where you live.
I was going to go from Indiana to Florida and there would have been NOTHING my H could have done about it.
I didn't go because of my H's parents. My daughters are more attached to his family than they are to mine and I couldn't take them away from the girls too.
I would check with the laws in your state....and definately talk to a different lawyer.
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