Help my ex is trying to take my daughter

United States
August 28, 2008 1:01pm CST
My husband just called me at work and told me he was getting a lawyer to take our daughter. He knows I can't afford a lawyer. He has convinced her that she will be better off with him becuase I can't afford things that he can. He even told her that I couldn't afford her so now she thinks the right thing is to go with her. She's 12 so she is old enought to tell the judge what she wants. I told her that she is not a burden and I love her more than anything but I think its too late her dad has gotten ito her head. To top this off my father is in the last stages of lung cancer, I need surgery myself for medical issues. I can't stop crying...
4 people like this
13 responses
@MissGia (955)
• United States
29 Aug 08
I'm very sorry to hear this. I don't think its appropriate for the father to tell your daughter things like that and make her think she is a burden on you. As long as you have a job (it doesn't have to be the best one in the world), a clean home and can properly feed and clothe your child all should be well. It is extremely hard for a father to take a child away from their mother. In some states you literally have to drag the mother into court with a needle hanging out of there arm for them to be deemed unfit. He's using the fact that he makes more money as a way to scare you. Just because he makes more money does NOT mean he will win in a custody battle. i would take the advice posted above about contacting social services to find a lawyer who will work with you and your circumstances. Also make an effort to better yourself. Make a resume, go apply for higher paying jobs, go sign up with a temp agency (they help you find jobs)..this sort of action will show good on your behalf when and if you go to court. I am not a parent, but I've known people who have been put in positions quite like yours, i hope my little bit of advice has been helpful and i wish you the best of luck!
29 Aug 08
Legal aide!! Yes I have read it over and over - Look in your phone book under lawyer or attorney ..and if its not listed call your local Human Resource office better known as Public Aide. Yes your child is of age that the judge will ask her .. he will also ask her why she thinks this parent or that is best! If your X is so well off maybe looking into his income for more child support can be brought up! Judges do not like to jerk children around .. if a child is doing well in school and does not have any major issues ............ they are not going to pull her out of your home! I work with children - I have REPORTED TO FAMILY SERVICES children being abused - its a long process to have a child removed from one parent or the other ... They try to keep family's together .. no this is not the same as y ou but its a thought that connects. Call Legal Aide and get help! Raising a child is not all about who has more $! And I am sure the judge will not look too lightly on the mind game your x is playing with your little girl! I think in many divorce cases this is one of the major plays .. I have more $ I can buy you happiness! NOT!
@chiyosan (30184)
• Philippines
29 Aug 08
please do not worry about it, i think it is right that even if you cannot afford a lawyer, there must be free lawyers that can assist you with the case. i dont know about what you can and can prove about the past 12 years of you taking care of your daughter. i am sure that if you are able to show love to your daughter she will not choose material things over you, if you know what i am saying. i am wishing you all the luck.
1 person likes this
@sedel1027 (17846)
• Cupertino, California
28 Aug 08
Call the DA's office, they may be able to find someone to assist you. Honestly though, it is really hard to get a custody agreement modified, even for an older child who can speak their mind unless both parties agree.
• United States
28 Aug 08
Thanks for your response. I have never really been a part of a community like mylot. I wassuprised at home much support you can recieve her. The comments that everyone has made do help. It's nice to know that someone is thinking about you if only for a moment.
@peedielyn (1207)
• United States
28 Aug 08
Breathe and calm down first! I have been through this. You need to contact a social service network to see if you can get help with a lawyer, and some counceling. keep your head up and be positive. There are all kinds of lawyers out there that happen to be decent people and will allow a low down payment and payment plans. Don't beat down dad in front of the young'n. Just be positive about things around her, show her quality time not quantity things as dad is doing. You are in my prayers and thoughts! I hope all goes well with you--God Bless!
• United States
28 Aug 08
I'm going to look into that. This is just coming at the worst possible time. Thank you for your prayers.
@Virgie60 (556)
• United States
28 Aug 08
Oh I feel so bad for you. I have a 14 year old daughter and I would be devasted if I didn't have her. Is there a social worker, pastor, anyone who can help you? Any free legal aid that you can get? I wish that I could help you more. Also sorry to hear about your Dad too. I will keep you in my prayers.
• United States
28 Aug 08
Yeah, my heart is breaking right now. There is just so much happening and I feel overwhelmed. I am going to look into the social services aspect. Thanks for your input.
@sumiirajj (1983)
• India
29 Aug 08
Hi friend,Dont lose your hopes first of all. Sometimes we have to meet such situations.God will certainly give us courage to meet such kind of situation.These difficulties will disappear soon .so dont worry.All the best.
• United States
29 Aug 08
Thanks I now they say that what doesn't kill you makes you stronger.If thats true I must be one of the stronget people in the world know.
@cher913 (25782)
• Canada
28 Aug 08
do you have legal aid where you live? if so, go there NOW! this will help you fight it and hopefully everything will work out ok - what is in the best interest of YOUR DAUGHTER. best of luck!
@exinco (214)
• Malaysia
29 Aug 08
this is family matter. i'm sympathy to what happen to you. just like others say you need to report your situation to local authority. 01.make report to welfare department 02.make report to police even no harm thing happen 03.ask your other family i hope you will be ok.
@kaysue4 (951)
• United States
29 Aug 08
Look in the Yellow pages in your area for legal services, they are usually free. You need to calm down and not panic. Just because he can buy "stuff" that she needs doesn't mean a thing. It is about rules, blessings, and love. We have had a hard time making it, but my boys learned about money management, house cleaning, and making the best of everything, no matter what. We have lost our electric before and so they learned how to cook over a fire and not a grill, study by candle light, fish, camp cook. You have provided for her all of her life and tell her that it will never change. I will say prayers for you and your father.
@newtondak (3946)
• United States
28 Aug 08
At the age of 12, the judge will ask the child what they want, but that is not necessarily the decision that will be made. If the judge feels that the child is better where they are than moving them to the custody of the other parent, that is how he/she will rule - the decision does not rest entirely with the child. Check to see if there is a college with a law school in your area - sometimes they will take on cases for people who can't afford to pay an attorney. I believe there are also other resources of this type, but I don't know just what they are. Maybe others here can shed some light on this subject.
@Hatley (163781)
• Garden Grove, California
29 Aug 08
alpram96 get yourself a lawyer who will take you on pro bono that is free and fight for your daughter as you do not need any more problems than you already have. Chin up, things will get better if you have a smart and intelligent lawyer on your side. good luck and God bless.
• United States
29 Aug 08
You need your daughter with you now more than ever with other things you are going through. Besides legal aid you may find a child custody lawyer who may have your ex pay your lawyer fees and court costs. It is very hard to prove a Mom unfit but do not let your ex have sole custody. Even joint custody might not be too bad. Dry your tears and be strong for yourself and your daughter. Your strength will teach her valuable lessons in life. Take the high road where her father is concerned and never put him down. Rise above it all and you will be rewarded with a closeness between you and your daughter that NO ONE can take away.
• Singapore
29 Aug 08
i guess that ur obviously a lady. and i would say a women would have a higher chance of able to take care their child. by nature of the court, according to my experience that i heard, mother would always stand a higher chance even the men is financially capable. great luck.