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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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Father of 4 year old-My daughter has been living with me

Customer Question

Father of 4 year old-My daughter has been living with me for the past 3 years. I’m married and have 2 other children. My daughter is very close with her brother and sister and my son hasn’t been the same since she left. I gave her mother permission to try school in her state 500 miles away from me. She’s been there for 3 months so far. I now want physical custody, for her to continue living with me and my family and visit her mother like she have been for years. What raised my concerns is that, she is now alienating her from her caretakers since she was an infant, my mother and sister. They have changes her diapers, drop off and pick her up from daycare and school, taught her how to walk and talk. My household consist of my entire family. Mother, Father, Sister, Brother-in-law, 2 nephews. One of who is also 4 years old who she consider her big brother. And we are all she knows. Her mother’s family who lives in my state NEVER called or visited her the entire time she was living with us. Now her mother plans on moving to another state in a couple months and I have a full family environment and I'm very stable (house). My daughter has 2 siblings and she's emotionally attached to them. She's so bonded with my entire family and now she is by herself with her single mother who has long working hours vs. mine. She's going to school from 6am to 5pm and with me she's going from 8am to 3pm. I really want to keep my kids together. What are my chances of getting physical custody of my daughter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

I need a little more information.

You say you let your daughter go with the Mom "out of state 500 miles away" And then you say the Mother is going to move out of state. Does she live in your state now or is she moving from out of state to another state?

How long has your daughter been with the Mother?

What type of school was so important that your daughter needed to go with the Mother for this school?

What state are you in?

Have you seen your daughter since she went with the Mother?

Do you have a safe and sound and stable environment?

Customer: replied 1 year ago.
I live in NYC, I'm an army veteran and her mother is currently active duty in North Carolina. She was already enrolled in Catholic school here (Nursery) with a preschool syllabus. Her mother is getting out of the military between now and April and only told me she was going to be moving to Virginia or Maryland with her boyfriend once she's out and I don't think that's healthy for my daughter. I had no idea that was her intentions. She's forcing my daughter to have a relationship with him. My daughter has been with her mother since August 16th. (3 months on Monday) I only see her via facetime. I certainly have a safe Home environment for my daughter. With her entire family who has been raising her since she was 1 yr old.
Customer: replied 1 year ago.
She also has her staying at a friends house ( Whom I know nothing of ) if she has to work late. And when she works late nights she has her sister drive to North Carolina from Maryland to babysit. It is ridiculous to me. Had I known this is how it was going to be , I would not have let her go.
Expert:  Samuel II replied 1 year ago.

Alright. If you are going to file for custody, you need to do it now in NYC if you want to keep it in your state. Once your daughter has been in another state for at least 6 months that becomes her home state and that is where any proceedings need to be filed

I suggest, you consider filing asap for the custody and request an emergency hearing so you can get Temporary custody until the matter is fully resolved. And the basis for the emergency hearing is you had no idea the Mother would be subjecting your daughter to the presence of Strange men.

I am not finished and will continue to provide information.

Expert:  Samuel II replied 1 year ago.

Once the temporary Order is issued you can have the sheriff in the county where the Mother lives go with you to retrieve your daughter.

Expert:  Samuel II replied 1 year ago.

You can then bring her home to NYC. That is where she has been for 3 years, she has family, siblings and a safe home.

Expert:  Samuel II replied 1 year ago.

I suggest you have much in your corner to get the sole Physical and Legal custody and you would want to work on some sort of visitation schedule with the Mom to present to the court at the hearing for the permanent order.

That is not something you need to get a Temporary Order. You can file for the temporary order and request an emergency hearing on Monday, if you want. You may want to consider consulting with a local attorney to help you to get it done efficiently.

Expert:  Samuel II replied 1 year ago.

In addition to the Mother subjecting the daughter to her boyfriend, a strange man, she is now also considering relocating her to yet another state, with is not a stable situation for the young child. She need stability.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions, need more information or clarification.

Customer: replied 1 year ago.
Okay, with an emergency hearing can that lead to a trial because I know she's gonna fight with me on this.
Customer: replied 1 year ago.
I consulted with an aggressive divorce and child custody attorney with a $3500 retainer fee, will it be more than that?
Expert:  Samuel II replied 1 year ago.

Yes. But it gives your daughter sooner, if the court grants the temp custody. But either way, you need to file in NYC and if you do not then she can file once the 6 month residency is established and you would have to travel to whatever state she files in

Expert:  Samuel II replied 1 year ago.

$3500 sounds very reasonable. I cannot comment on what other costs may be involved or if they will charge more. That is a retainer. So if the Mother fights and the money runs out then the Attorney will want more money. You will need to discuss all of that with the attorney.

Customer: replied 1 year ago.
Will Child Protective Services get involved ? I don't want to traumatize my daughter.
Expert:  Samuel II replied 1 year ago.

Why would they get involved? Are you going to claim some sort of abuse?

Expert:  Samuel II replied 1 year ago.

I suggest, that would be the only reason they would get involved.

Customer: replied 1 year ago.
okay, NO.
Expert:  Samuel II replied 1 year ago.

Then I suggest there is no reason for CPS to get involved. But you should you decide you want to do this, I suggest you need to act quickly - again to have the NYC jurisdiction.

Customer: replied 1 year ago.
I like the idea of emergency hearing. She has traveled with my daughter to Virginia to visit her boyfriend and either stayed in a hotel or at his apartment. My sister was facetiming her at that moment. and she posted pictures on facebook with my daughter and the guy.
Customer: replied 1 year ago.
I will definitely file in my State.
Expert:  Samuel II replied 1 year ago.

Good luck with it all. I suggest the court would lean in you favor.

Customer: replied 1 year ago.
Thank you sir, have a wonderful evening.
Expert:  Samuel II replied 1 year ago.

You're welcome. Thanking you in advance for a positive rating.