Where is Justice

by Eddie
(Melbourne, Fl, USA)

My name is Eddie Cruz Jr. and I have a two year old daughter that has been taken from my home by her mother. My daughter’s mother and I lived together for six years four years of that before was before my daughter was born, two years later my daughters mother a recovering alcoholic decides that she wants to stay out all night partying with some new found friends doing drugs and drinking leavening me at home with our daughter.

When I confronted her about what she was doing she called the local police and had herself removed from our home , She was taken to a battered woman’s shelter , I filed for custody as soon as I was able but by the time the process server could get to her she was gone .

I tracked her to two different addresses and she was able to hide both times as to not accept the court papers, Her family is hiding her and have told me not to call there. Now my daughters mother has a mental and criminal record in Florida, she has even called Circles of Care in Brevard county Florida and told them that she wanted to kill herself she was baker acted for five days and once she was home again she began drinking and taking prescription meds by the hand full, when I confronted her about that she attacked me and was put in jail for 30 days, she has 14 unresolved charges in Nassau county Florida and has been seeing a head doctor for some time now, and yet the police tell me that as the Father of this child I have no rights. She knew that the woman’s shelter had funds for relocating battered women and took advantage of that.

How is it that a woman can trump up some bogus charges in Florida and run with my daughter to Texas to hide with her Fathers help and stay under the radar in order not to be served court papers for custody? Going as for as to tamper with a department of children and families drug test before leaving the state of Florida evading the process server and accepting state funds to relocate. My point is that due to the fact that we were never married she was able to flee the state and keep me from any contact with my child. now I hear that Texas as well as Florida are considered Mother states and give most if not all rights to the Mother and none to the Father with out so much as an investigation before allowing the mother to go any where she wants and funding the action with out any regard to the Father and his point of view in the matter. This was done with malicious intent and no real regard for the child's well being, just on appearances, now could this be considered child abuse, and on how many levels. All I know is that My 2 year old is out there in Texas and I am too far to do anything about it due to the fact that there is no marriage license between the Mother and myself.

All the time we stay apart my daughter remembers less and less of me. And her family helps to hide her and establish her self to paint the perfect picture of a so called battered woman and her abused baby. the truth is that she is hiding cause she knows that in court she will have to answer question that will prove beyond a shadow of a doubt that her story is full of holes and she will have to pay the piper, sort of speak . How is it that the system can be manipulated with out any real quires as to what is real and what is not. The Mother isn't always the right person to keep and raise a child , especially this mother as she is mentally unstable and hides it well . Some props need to be given to the Fathers as well , especially those of us that know that something is wrong and act to make things better rather than to run and forget that an innocent child's life and future hangs in the balance of that decision made in lue of indifference. What about those of us that want to bring up a productive member of society to be self sufficient and not rely and or be a bourdon in and to the system.

What about us? the fact is that my ex has run off with my daughter to Texas and now I find out where they are due to child support papers I got in the mail meanwhile there is a custody case here in florida my ex is running from. where is the right in any of that?

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So you think
by: Anonymous

The law may say you have 50/50 rights, but the judicial system is still biased. My fiance and I had physical custody of his two young children in Florida for more than 6 months when he filed for custody. His ex took the children screaming from my front yard and took them to Texas. She then lied to the courts in Texas and Florida about him being a dead beat dad and the judge in Florida declined jurisdiction stating that the mother was a more reliable source. We have proof that the children did well here and that she was the one lying; but it meant nothing. She's the mother and she can do what she wants.

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You do have rights
by: Larry of Tucson

Are you on the birth certificate? If so you have just as much rights to the child as she does. The laws sees custody as 50/50 and possesion is 9/10 of the law who ever has physical custody has the most rights, until one of you is awarded custody by a Judge. Those children are not considered Texas residence until they have lived there for more then 6 months and even after 6 months you have the right to take them from her and bring them back to Florida with you as long as a judge has not established cutody yet. If I were you I would still attempt to deliver your court paperwork using any means possible (newspapers,etc) still go to court and the judge may still award you custody which will allow you to take you child back to Florida. Don't give up and let her disappear then you will surely lose. Just remeber you have just as many rights as she does as long as cutody has not been established and you must I repeat you must get the jump on her don't let her be the one to file anything first. Go to Texas (or on line, by mail anyway possible)and file for custody and/or visitations there in Texas, they may not give you custody but you will be awarded visitation rights that she must to obey or she will risk losing the children. I was in almost the same situation (minus the drugs & alchol)and thought I didn't have any rights either and didn't think I could do much and didn't do much and now I find out 15 years later that I could have done sooooooo much more. You must make yourself known to the system/courts or you will get no rights! I am not an attorney, I am speaking from experiance.

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I am sorry for your frustration
by: Angie

If Florida is like Texas, and you filled first and had residency there, then Florida is the State that has Juristiction. Example: I had left Colorado and moved back to Texas with my daughters. I was told that I could not file anything until I could prove residency for 6 months in the county I lived. Once my 6 months was up, their biological father came to Texas and kiddnapped them from me, but since I filled first and they were residence in Texas, I went to court in Colorado, showed them my court papers, and they had him turn the kids over to me, per Texas's orders. If that is the case in Florida you should be able to get them to give you a Writ of Habeus Corpus, showing Texas that Florida has juristiction and she should have to come back to Florida to proceed, or hire an attorney there in Florida to represent her. I hope that helps you a little! And good luck!! I do give many kuddos to fathers like you! My girls biological father has only come to see them twice in 11 years.....

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