rightstart
New
Reged: 05/18/06
Posts: 1
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What can I do in a hurry?
I have just started proceedings for a divorce to my husband.
I had to get a restraining order to get him out of the house. His daughter is living here for a short time to finish 8th grade. Now he is mad at me and has told her she must leave the house also. She doesn't want to. He is staying with friends. For the last 3 weeks she has been maintaining contact with him, talking and going out with him in the day while continuing to stay with me.
Now that he sees I am serious he wants her out. She is pleading to stay, her mother wants her to stay, she is in the country without a visa (she is Canadian), in fact my husband lied to get her in to the country after spring break. She wants only to finish 8th grade and return to her mom in Victoria. She even told her dad she would rather return to Victoria rather than stay with him.
He is telling her no that she must come with him.
Any ideas, please.
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adrenaline
Platinum
Reged: 03/21/06
Posts: 3892
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Well if it is his daughter you have no rights to her and she can legally go with him. If he shows up with the cops he can legally get her. I don't know the details of your restraining order and that might hinder things, but if he wants he can have her shipped to her mothers house legally. The fact that she doesn't want to go with him doesn't mean she doesn't have to. He can make her. You will not be able to stop him. He doesn't know the law and he must have done something pretty bad to not seek it.
I am not a lawyer, but I do know as a parent that doesn't have custody it is hard to get custody from a parent and a lot harder if you are not the parent.
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The problem isn't the game; it is that nobody knows the rules.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3110
Loc: Colorado
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You can either tell the girl she has to go back to her parents or your can buy time and let it legally escalate for a while. In the end, there's no doubt she'll have to leave. You should think about whether you really want to be in the middle of this.
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melanie14
Platinum
Reged: 03/11/06
Posts: 3057
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At least keep her until school is out if you can..Maybe she can plead to her father about this. Only like 4 weeks left..hang in there!!! PS: how nice of you to let her stay with you, it must be hard for her.
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hppyliah
Platinum
Reged: 06/05/06
Posts: 219
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Can't you keep her there since she wants to- until school is over. Than legally can't her mother come and get her- considering she isn't legal to stay here- whether she is with her father or mother- right? Are you in contact with her mother at all to see what she can do- maybe go for custody- if she doesn't have it at all- until after school is out- maybe than it will be said that she HAS to go to her mother. Which is what she wants.
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