Need Help and Advice ASAP for Daughter....

Updated on April 28, 2017
H.R. asks from Fairbanks, AK
15 answers

I hope we can get your advice on this situation asap. I am putting this question out there for my daughter, and will be sending her the link after with all of your replies.

My daughter is 19 years old with and 11 month old baby. The baby’s father (23 yrs old) walked out on her after the baby was 3 days old. She has not had any support whatsoever from him, no child support, nothing. He gave her 1-2 boxes of diapers and that’s about it. The two of them were living in the state of Florida at the time of the baby’s birth. My daughter moved 9 months ago to the state of New York to be closer to her family. The guy moved back to his mother’s house in Minnesota. Before moving to MN, he filed a Paternity suit in the state of Florida (after my daughter had moved to NY) and it was presented to her father on her behalf. The baby’s father (we will call him Pedro) has lied to the Florida courts saying he lived/has lived in Florida the entire time. My daughter hired a very crappy lawyer (she didn’t know at the time), who did not support/defend her in court (Pedro’s lawyer clearly was buddies with the judge) and overruled my daughter’s proof she had of Pedro’s residency in MN. My daughter wanted the jurisdiction changed to New York (as she had been living there over 6 months at the time, but they refused). She has been ordered 3 times now to return to Florida on her own dime (and she is not employed and has no money, has been staying at a relatives home) all of which has been an extreme burden on her and the baby. The Florida courts are ordering for joint custody with Pedro (who doesn’t even seem interested in being a dad, its Pedro’s mother who is pushing for all of this). My daughter never agreed to or signed anything stating that she would agree to this joint custody arrangement. Pedro has all along stated he wants the baby’s name to be changed to his last name, and he wants the baby’s first name to also be changed - and this has been a demand of his from day one, which my daughter has refused rightfully so. Additionally, Pedro has threatened my daughter in the past, stating, ‘I could take the baby to Columbia and you will never see her again.’ Pedro is a dual citizen of that country, and has lots of relatives there. The court ignored this as well.

My daughter had to go again to Florida a few weeks ago to meet with a mediator and they said she had to agree on this joint custody arrangement - which would mean shipping her baby (who has been nursing since birth and hasn’t known anyone but her mom) to Minnesota two weeks a month, the entire summer, and other holidays - and that my daughter would have to pay for Half of the expenses for transportation from NY to MN! This we find absolutely ridiculous and outrageous!

Pedro has said to her, that he would not press this court stuff if she moves from New York back to Minnesota (to live in the same house with him and his mother) so he can have access to the baby all the time. I want to note that at the end of last year, at one point my daughter Did try to go to Minnesota to see if it would work with Pedro - and not only did it Not work, I (the mom) had to orchestrate an escape for my daughter from his mother’s house, as they basically locked her up in the house and would not let her even leave the house with her baby to go for a walk - they told her she ‘needed to leave the baby behind in the house and could go for a walk’ but would not let her baby go with her (as they were thinking she would try to escape due to the hostile living situation).

She is now having to make a decision within the next 24 hours as Pedro is pressuring her to make a decision now or he will take this back to court and he will get the custody he is seeking, as Florida is pro-father and they do not want to deal with child-support issues/monies, therefore they want to give both parents 50/50 (so child support would be nonexistent for her)— the courts don’t seem to care about the kind of guy he is, or his previous threats. Pedro said he would come to NY to move her and the baby’s stuff back to his mom’s house to MN this week, but she needs to make a decision - both decisions are awful for her!. She cannot afford a better attorney to represent her.

Do any of you have any advice? Which of these two options would you advise? Or if you have a better option, please let us know.

1.) Would you advise for her to stay in New York but by doing so, she would be ordered to go back down to Florida to come up with an agreement (joint custody/Pedro’s wishes) in which he will get the baby half the time/year and she would have to ship the baby off to MN on her own expense (which she does not have the $, and the baby only knows Pedro and his mother as strangers, which would traumatize the baby)

OR

2.) Should my daughter move to Pedro’s mother’s house in Minnesota - but by doing so he told her he wants her to sign a paper stating that she cannot leave the state of MN without his consent, and that if she chose to leave, she would need to make a visitation agreement with him (similar to the one in Florida).

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C.T.

answers from Santa Fe on

She should not communicate with him directly or respond to his communications. At this point she needs a good lawyer and all communications should go through the lawyer. Personally, I would change my phone, email, address, and stop using social media...at the same time I would have my lawyer contact his lawyer and not give him any access to contacting me directly. There is a lot of misinformation in what you write and it sounds like he is manipulating her...and she is falling for quite a bit of it. Get a good lawyer.

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C.C.

answers from New York on

Meaning no disrespect - there is a lot of legal misinformation in your post.... The facts as you are presenting them do not legally lead to the conclusions you are describing. (For example, a mediator cannot force anyone to commit to anything.)

New York City has great free and low-cost legal services. Legal Aid, the various Defender Services offices, the local Bar Associations, all can help connect your daughter to some great legal advice. (And they can do so quickly - call in the morning!)

The only other advice I will offer is: she should not be communicating with Pedro directly. Only her lawyer should be communicating with him/his lawyer.

15 moms found this helpful

W.W.

answers from Washington DC on

Damn.

Why don't you hire a lawyer for your daughter? Why can't she live with you?

HOW can a MEDIATOR "FORCE" your daughter into anything? That's NOT their job.

Sorry. You need to hire a lawyer for your daughter. She needs to contact a legal aide office for help and support.

You planned her escape? Why didn't you call the police to have her extricated from the home? Why didn't she place charges of kidnapping against them? NONE of this makes sense.

HIRE A LAWYER FOR YOUR DAUGHTER!!!!

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N.K.

answers from Miami on

I live in Florida and for someone like your daughter, who is unemployed and of little means, there is Legal Aid, which works on a sliding scale, or free, if you can prove you're indigent. She can hire someone and have them assist with transferring the case to either NY or MN, since neither of them lives in FL, so it makes no sense to continue having the courts here having jurisdiction over the case. Here is a link of all the various legal aid locations throughout the state: http://www.flcourts.org/resources-and-services/family-cou... and there is also this link for further pro bono assistance: https://floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF##...

As to his threats, make sure she keeps records of all of this. I am going through a custody issue myself, and that is what all the attorneys have advised. Voicemails, texts, emails...all of these showing he is threatening her to move to his home and to take the baby away, or escape the authorities in taking his child to Colombia, which is considered kidnapping. She doesn't (and probably shouldn't) need to respond, but just showing how he is bullying her and trying to manipulate her will prove her case. The judge will not allow him to take the child out of the country if he can prove to be a flight risk, so again, it is important that she proves he is, not just by saying "he said it over the phone" because he can claim it is a lie. If the phone call is recorded or the text is presented to a judge? Not so much of a chance of convincing anyone that your daughter is lying. Even then, a passport requires parental approval from both sides.

I don't know where you got the idea that Florida is "pro-father" but tell that to a friend of mine who has spent over $50,000 on legal fees for his custody issues, and has to deal with child psychologists and guardian ad litems, because of his wife wanting to keep him away from the kids, and have the right to move them out of the state. He is still fighting to have unsupervised visitation and he'll laugh in your face. Florida is no more pro-father than any other state, and unless they can prove she is negligent, abusive, or is using drugs/alcohol, then no, she would not lose custody to him, though time sharing is going to need to be enforced, unless she can prove he is a hazard to the child and even then, it may just involve supervised visitation, not a denial of his rights to see his child and spend time together. Grandparents also have no rights, so as much as Pedro's mother may want to become the child's caretaker, unless your daughter surrenders her parental rights or is deemed a threat to the child, the baby won't be removed and handed over to Pedro's family.

Please have her seek legal guidance elsewhere. Don't let a crappy attorney cloud your vision of what is appropriate or legal, or how the justice system works in a particular state. I have had attorneys giving me bad advice too, although their retainer wouldn't lead you to believe that would be possible. It is important to seek several opinions, especially when something doesn't sound right or just. That is especially true in a case like this one, that is highly unusual due to circumstances and logistics. As to the mediator saying she has to agree to his custody schedule, I wonder if that is because she didn't respond to his petition. If you don't respond, it is assumed you're in agreement with everything that is requested, and you're defaulted. Maybe that is what happened here.

In the meantime, there is no reason why she cannot file a motion to extend her time to respond to his claims, while she engages counsel. The first step would be for her (or her counsel) to speak to Pedro's counsel and get him to agree to this. If he doesn't, she (or her lawyer) can use the communication to prove that she tried communicating with the attorney but the request was not granted and the attorney is not acting in good faith. I was told by an attorney that you can request up to 20 days to engage counsel. This also seems to be the norm, based on my research.

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K.F.

answers from New York on

Your two options listed are NOT your daughter's only options. They are the only ones you can see with your limited knowledge and resources.

Stop communicating with the ex except via an attorney. I know you can get it moved to NY. You just need better legal council. Also understand NO court will prevent a non abusive nor neglectful father from spending time with his child. Some courts will see your daughter as hostile toward her child's father because she is preventing the child from spending time and bonding with the father. Some courts will see her as not just hostile but combative.

She needs great attorney who can advise her and represent her properly.

How is she financially providing for her child? This will also com into play. This is not a sprint but a marathon. She will be interacting with this man and his family for at least the next 17 years and perhaps beyond.

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S.S.

answers from Atlanta on

I would

1. hire a lawyer for my daughter to protect her and my grandchild.
2. advise my daughter to move in with me. And start planning that move NOW.
3. tell my daughter NOT to sign anything without HER lawyer present.
4. tell my daughter to NOT talk to Pedro or his mother. I would tell her that her lawyer is to speak to HIS lawyer. PERIOD. If he calls her? Don't answer. Let voice mail get it.
5. tell my daughter to go to a woman's shelter and collect as much information as she can on her rights so she KNOWS what is going on and not just her lawyer.

If your daughter was held hostage and you had to plan her escape? WHY ON EARTH DID YOU NOT CALL THE POLICE?

A mediator does NOT force anyone. They are there to negotiate and "mediate". I call bs on that one.

I don't know of any judge that would separate a nursing mother from her child.

I have no clue why you even suggest that your daughter move to Pedro's mom's house. If you have that in writing? You have proof of his location for the courts. You could possibly file suit against the judge and lawyer for mishandling of a case.That's why I would hire a lawyer for my daughter and granddaughter.

This honestly sounds like it's written by the 19 year old and not the mom.

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N.B.

answers from Oklahoma City on

You need to contact a woman's shelter in your area and find out what resources they have for women who are hiding out from an abusive/controlling ex-partner. They have resources we can't possibly know about.

If it were me I'd probably take a trip to Canada and not return. I'm not sure how to do that though. But I am sure I could find someone with the knowledge and means to do that.

This man cares nothing for his child. His mother wants this child.

6 moms found this helpful

B.C.

answers from Norfolk on

It's such an awful mess.
A better lawyer for your daughter might be a help but you'd have to get/pay for one.
I would not advise that she or the baby moves to MN.
Is there any chance at all that the baby isn't his?
If nothing else, I guess this might be a good warning to women to be really careful about who they have children with.

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K.G.

answers from Fort Myers on

Pedro clearly didn't want the kid. Are you sure his mother isn't behind this?

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A.D.

answers from Minneapolis on

He may have rights that she either live near him, or help transport the child to share custody, but I don't understand why Pedro thinks he has the right to insist your daughter move into his HOUSE. That's crazy. And the fact that he's bullying her with insisting she do that, and after she tried and he refused to let her leave to simply take a walk recently?! No, that is not OK. Honestly, I think she should go to Minnesota, and set up a place on her OWN near him with some social services support. I live in Minnesota. Minnesota has good social services. She needs to pull together her own resources that support her willingness to share custody or visitation, while protecting her own rights. She needs help in MN. After all his antics, he should be lucky to get supervised visitation

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D.H.

answers from Louisville on

She has lived in NY for 9 months before any of this came about? Then that is her resident state and the child's resident state - get an attorney as the case should be there, not FL. And as most say, something is fishy in Denmark - this does not add up.

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S.H.

answers from Santa Barbara on

This doesn't make sense. You said the baby's father walked out on your daughter when the baby was 3 days old, yet then say he tried to hold them hostage and not allow your daughter leave the MN house with the baby for fear she would kidnap his child. Now you say your daughter is living in NY and the father is fighting for rights to HIS child. This does not look good for your daughter, even with your version.

They both sound like unfit parents using this baby to hurt the other parent.

I understand your daughter wants 100% custody with child support, yet "Pedro" feels this is not fair and want his child at least 50%, if not all of the time and not pay child support.

Does this child get government aid? I can help advise you with state vs FL, if that is the case.

edit:
Based on what you said about MN, I would not advise your daughter to go there. He sounds like he is giving her ultimatums that work for him. I would not want to be in your daughter's shoes for this situation.

I guess you could think of it as this, imagine your daughter was desperate for her baby and Pedro had the baby in MN. She may try to say anything to get him to move back to her home state. Once she got them, she may say you can not leave the house with the baby. The baby needs to stay at the house while you go run errands.

The advise of going Canada and not returning is equal to him going to Columbia and not returning. This sounds highly illegal.

It really is hard when the baby is wanted by two parents who do not want to be with each other. It sounds like a tug-a-war. Right now your daughter has all the control and the father has zero.

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N.A.

answers from San Diego on

Florida no longer has jurisdiction of the case if neither parents and child have not been living in the state for 6 months. Your daughter needs to file a motion in New York immediately, For custody. She needs to ask for an emergency Exparte Hearing after filing. The judge in NY will have to call the Judge in Florida and settle the matter if Jurisdiction. She also needs to file for childsupport in NY at the same time, just go to CS off and open a case. She should stay in NY near her family, her biggest asset. She needs to file for custody in NY. Stating that Father is threatening to take baby to Columbia out if the country. If the child is with father for visitation he cannot leave the country, has to notify her if the children are not in his physical care more then 10 hours. He obviously plans to dump the kid off on his mother. Is the grandmother a US citizen?

J.N.

answers from Richland on

I feel for your daughter. I just recently went through a divorce /custody war for my son. Though I'm in oregon and moved to Washington and hes friends with his lawyer and I didn't have one yet. My ex is Mexican so I understand the control he is trying to have on her. It sucks. It's going to be a hard fight for her but it's a fight that she can win. Tell her not to give up and fight like he'll for her baby. Here the law says the court can't order joint custody if both parents don't agree. (Which hell would have to freeze before that happened ). Don't let her go back to a bad situation she doesn't need it and neither does the child. I think he's making g the threats as a scare tactic to keep control of her. Tell her to fight and not give in. It is possible.

Updated

I feel for your daughter. I just recently went through a divorce /custody war for my son. Though I'm in oregon and moved to Washington and hes friends with his lawyer and I didn't have one yet. My ex is Mexican so I understand the control he is trying to have on her. It sucks. It's going to be a hard fight for her but it's a fight that she can win. Tell her not to give up and fight like he'll for her baby. Here the law says the court can't order joint custody if both parents don't agree. (Which hell would have to freeze before that happened ). Don't let her go back to a bad situation she doesn't need it and neither does the child. I think he's making g the threats as a scare tactic to keep control of her. Tell her to fight and not give in. It is possible.

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K.C.

answers from Anchorage on

If she has no job and no home of her own, how does she plan to support a child? She has no right to keep the child all to herself. The father has rights to see his child. You need to hire a GOOD attorney for her. She needs to get a job so she can prove she can support her child.

This whole story sounds crazy and like too much drama. But the truth is she made a baby with this man. So she now has to share the child with him. She needs an education and a job. And I hope she is on birth control. Good luck.

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