No custody agreement, father takes child and will not let mother see her.

This is a discussion on No custody agreement, father takes child and will not let mother see her. within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; In the state of Oregon, is there any law that can get my daughter back? Her father and I have no custody agreement yet, because he never really took her ...

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  1. #1
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    No custody agreement, father takes child and will not let mother see her.

    In the state of Oregon, is there any law that can get my daughter back? Her father and I have no custody agreement yet, because he never really took her for more then hours at a time. He came over about three weeks ago and asked if he could have her for a couple of hours, but he never came back. I know she's in the area, I'm just not sure where. He doesn't have a phone number, and his roommates won't speak with me. I know if I say she's in danger then I can call the police but I don't think she is. He's not a bad father but he's not letting me see my daughter and it's been over three weeks. We have a court date for a custody agreement in a month and he called me and told me I won't be allowed to see her until after the court date. I know he drives without a licence, and he's a avid pot smoker. Is there anything I can do to get her back before the custody court date?


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    I believe you should call the police right now regardless of whether your daughter may be in danger or not. You can tell them your husband has been driving around your daughter without a license (which by the way is dangerous to your daughter). Also you can say you are worried about her safety because you don't know where she is.
    I am not a lawyer, this is not legal advice.

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    Has paternity even been established legally? He may have no standing whatsoever to have the child and be guilty of kidnapping.

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    He's on the birth certificate. We have two children together, our daughter who will be two next month and a six month old. He's on out daughters birth certificate, but not our sons. He hasn't asked to ever take our son anywhere. I recently got engaged, and had planned on moving out of state (only 2 hours away) because my fiance is in the military. He didn't really want anything to do with my daughter, occasionally taking her when I had to work or when he'd call to see her for a couple of hours, until I got into a serious relationship. I just took her one day, having a status quot saying he had temporarily custody because he has lied to the judge saying my daughter lived with him full time and he support her. Which is not true. I went to court and got it thrown out but he still has her. I went to the police station and they said they legally couldn't do anything about it because there's not a custody agreement yet. I've been looking for a lawyer and I'm trying to stay calm because I don't want anything to hurt my case when we to go to court. I just want to see her, I miss her.

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    The best thing you can do right now is make sure you are prepared for your hearing by having a good family law attorney represent you.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    Issues like this can be very traumatic for all. I wish you and your children the best.


 

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