My 7-year-old daughter lived with me since May 2023 until her mom took her at the end of July 2024, probably out of state, and disconnected her phone line. We didn’t have any custody order before this. I don’t know exactly where they are, but I have some strong guesses. I haven’t heard from either of them since.
I got a lawyer the day after she left. I filed a petition for legitimation and a motion for expedited custody. I also filed a standing order saying she can’t leave the state. I have a court hearing next week for a 30-day status conference. The mom was served through her parents and probably won’t show up in court since she only emailed my lawyer once three weeks ago and hasn’t filed her response yet (the deadline is in 3 days). She only asked for the Zoom link and hasn’t responded to any e-filing, discovery, or my lawyer’s request for her to let me talk to my daughter.
What should I expect from court next week? Is there any point in doing this if she has ignored everything so far? Will I have to wait a long time to get my daughter back in the state?
Based on friends’ experiences, you are in for a long process. Just know that parental alienation is frowned upon by the courts. The more games she plays, the more frustrated the judge will get. Ask her to stop but stay calm. The process will likely take many months.
DOCUMENT everything. Request to see or talk to your daughter and write down her refusals. Record all calls and save all emails. You are building your case. Good luck!
@Pax
I’m curious, why did the process take so long in your friends’ cases?
In my county, the family court process is pretty quick (I live in Fulton GA). We have 30, 60, and 120-day conferences to keep track of progress. This upcoming hearing is my 30-day one. My lawyer thinks I’ll likely be awarded temporary custody at this hearing, but I know she might not follow the court order even if it’s in place.
Remi said: @Storm
You had seven years and did nothing! Why did you think that was okay? Were you worried about child support?
Not really! I sent money to help support her. Child support was never an issue for me. The reason I didn’t file was that our co-parenting was very cooperative and friendly. Last year, she moved in with me after missing 33 days of school, and we agreed that she should live with me. I know I should have worked this out sooner, but no one expected this outcome. We are still shocked. Thanks for your input!
@Storm
At birth or after the first breakup, you should have gone to the courts. That is the problem. How much child support have you paid? After five years, she moved in with you. What child support were you officially paying before then? Oh yeah, none.
@Remi
Court-ordered child support? Zero. But I paid her a few hundred a month until our daughter lived with me. After that, I took on all financial responsibility, and she didn’t give me anything. Any other questions?
@Storm
Technically, in Georgia, my understanding is that you weren’t her father legally. That’s an issue. Ignorance of the law is not an excuse. Make sure you can prove everything.
Remi said: @Storm
Technically, in Georgia, my understanding is that you weren’t her father legally. That’s an issue. Ignorance of the law is not an excuse. Make sure you can prove everything.
Or what? I don’t have rights to see my child? (please don’t answer this seriously)
@Remi
In times like this, I’m glad I have a knowledgeable family attorney who can help me sort through comments like this. Luckily, I also have my paternal acknowledgment, so getting legitimized is the least of my worries. But I’d be interested in your thoughts on enforcing interstate custodial interference after a custody order is in place. You seem knowledgeable about the law. I hope this is your area of expertise.
@Storm
COVID hit, so courts were shut down, partially open, closed, and then only on Zoom. She got away with a lot for 4 years because of it. This is a better time, so hopefully, it goes better for you. She lost custody to Dad due to her games.
This might not be the best move, but without a custody agreement, you can go take your child just like the other parent can. It’s not considered kidnapping under the law. Without a court-ordered custody agreement, it isn’t even custodial interference. The police and FBI won’t do anything, even if they are called.