Refusing to return infant-FL

[singlemotherof2]

Yesterday my ex was ordered by a judge to return our 4mo old son to me after having temporary custody of him through an injunction he filed that was dismissed. He has not established paternity and now were are having to go through an unfortunate custody battle. We agreed that he would drop off the child at 730pm and long behold he was no where to be found at that time. I called him on several occasions and text him to find out where he was or if there was a problem but he didn't respond. Two hours later after the child was suppose to be dropped off, I had to call the police. Here in Hillsborough County, Tampa the police REFUSES to get involved in any civil matters, go figure! They advised me to file an emergency hearing and file for contempt of court. As a last attempt to find out where my son was, I sent my ex a text stating that he was in contempt and that I was calling the police and pressing charges. Over 3 hrs after the child was suppose to be returned, he finally showed up escorted by the police with only a few items for the infant and WITHOUT the babies bassinet. As advised by the judge, it is up to me to allow visitation. I dont want to keep my child from his father however; I dont want to have to go through this every time he is suppose to turn the child in. This is not the first time he has just disappeared with the child, on 1/30/10 he waited until I left to the store to pick up and leave with the child and refused to answer his phone. After contacting his mother, I found out that he had taken the baby to his mother's house and intended to leave him there so he could go out and party with his sister. My only temporary solution to this matter is to refile my injunction or move into a domestic violence shelter with my son...what am I to do???

 

[army judge]

Stop allowing him to see YOUR child.
He hasn't established his paternity through a DNA test.
Just don't allow him access to the child until paternity is established.

He is legally a stranger to YOUR child.
He has no more rights than I do to your child.
I could show up and say its my child.
Don't buy into this madness.
Stop allowing him use you and your child.
One day you won't get your child back.
Or, if you do, the child could be molested!

You have no idea what that STRANGER is doing to YOUR child.

Hire a lawyer today.
We can't help you here like you need to be helped.
You require a lawyer that will be your champion and help YOU protect YOUR baby.
This battle is best fought in the courts.
Get that bum out of your life.

 

[singlemotherof2]

By not allowing him to see the child, will that hender me in court in any way during our custody hearing?...I do not have the funds to hire an attorney, this man has left me with nothing. He put me out of the apartment we shared, I have no source of income except for food stamps and WIC and it doesnt help that I dont have a vehicle. He has really screwed me over! I applied for free legal services but as mentioned in my original post, I was denied. There is free legal advise offered through our local courthouse but transportation is an issue. I am sitting here with my hands tied behind my back and extremely frustrated! I do what I can to get around but help is limited. what do I do???? Child support isnt an option until we go to court and a date is still TBD...

 

[jharris352]

Well the Judge did what I told you he would do. The judge said it and Army and I CONCUR: "As advised by the judge, it is up to me to allow visitation." I'll add what the Judge didn't say, "IF you want to." Like Army said, you are under ABSOLUTELY no obligation to let him see the child.

Document, document, document every thing the "father" does wrong. So that when you go back to the judge you will be able to show him to be unfit and limit his visitation.

You need help from someone. Find a way to get to legal aid. Don't you have family or anyone? How old are you?

 

[singlemotherof2]

Im now filing a motion for civil contempt/enforcement b/c he is refusing to comply with the judges orders of providing a stroller, crib and day care. He provided a stroller with no wheels, he bought a crib but its for his use when the baby is in his care and he refuses to provide day care so I may seek employment, attend interviews and necessary appointments. I document EVERYTHING! Thats is my forte'. Ive applied for legal aid and have been denied. I have no family here in the states and as it is my family are also struggling financially so their assistance is very limited. I am 31 yrs old and moving into a domestic violence shelter b/c my ex kicked me out of the apt we have shared for the past 2 1/2 yrs. The administrator of the shelter said they have legal help avbl however; it's not guaranteed that they will represent me. Im in the street with my 4mo old, no source of income, no job, no car...

 

[barbie77]

You def. need to get some form of housing. Not sure what a judge would do in a custody situation if the dad has a house and everything for the baby and youre living on the streets with no job or car. That would really not look good for you keeping custody of the baby. Right now you dont have the nessesities to raise the baby. You def. need to find somewhere to live and a job. At least activley searching for one hard! If you are in the situation you say you are what grounds do they have to turn you down for legal aid? You abviously should qualify. Im confused on that one. Unless the father has used the only local legal aid in which it would be conflict of intrest for them to represent you.

As far as letting "dad" see the child as of right now you have every right not to let him! at the same time you have bigger issues to be worried about than what time (a couple hours late) dad gives the baby to you. I think you need to be less worried about what "dad" is doing and more worried about getting on your feet and being able to take care of your baby.

 

[singlemotherof2]

I have been staying w/a friend but I will be checking into a domestic violence shelter very soon b/c my ex kicked me out of the house w/our 4mo old and has changed the locks . At the shelter I will be provided w/day care, bus passes and referrals for employment, housing and possible legal aid. I have been working very hard to get my life in order, Im just experiencing some difficulties. I dont see how the judge will grant my ex any rights to the child with everything he has done however; there is always a possibility b/c of course its the judges decision. I have kept records of everything he has done or has failed to do and have filed a motion to hold him in contempt of court b/c he has refused to follow the judges orders with providing certain necessities for the child. I am working diligently to keep my child and will not cease until the orders are final.

 

[barbie77]

Now wait let me get this straight. You and the judge expect him to provide you with the things you need to take care of the baby? And yet he hasn't esstablished paternitiy yet? That doesn't sound right at all. Not just that but what makes anyone think that he should have to provide you with those things? If you're fit to take care of the child you would think you would already either have those things by the time the child is born or you would be able to buy them yourself or maybe I could see having him financial assist you a bit in buying them but def. not anything ordered until paternity is esstablished. And is breaking up with someone (wether someone pregnant or has a child) is that really considered abuse by telling them to leave HIS home? Hmmm this whole thing sounds a little werid to me. Maybe its just me?

 

[army judge]

I have no family here in the states and as it is my family are also struggling financially so their assistance is very limited.

A few questions please:

1. Are in the United States legally?
   
2. If you are NOT in this country legally, in what nation do you hold citizenship?
   
3. Is this child what some people would call, "AN ANCHOR BABY"?
   
4. Is the putative father a US citizen?
   
5. Has a DNA test been done to establish paternity?
   
6. If so, is this man the biological father?
   
7. Have the results of a DNA test been made available to the court?
   
8. Have you seen the results of the DNA test?