long story short, I been the care taker for my 4 yr old daughter for as long as she's been living so I became fed up with her father for not helping out financially so I filed for child support. He is very upset with me now, we had our first hearing and he ask the judge to give him more time to get legal advice so she did we go back to court in 1 month. The next day after court he ask me if he can come get our daughter which I let him get her, it was a surprise but hey that's her father so now it's been almost 2 weeks and he wont return her or let see her so 2 days ago I went to my daughter school and picked her up before he did well things went crazy he came to my house to fight me and took her back I called the police he ran off with her and they took a report for assault and I filed for a TPO order which would include a custody arrangement for 1 year so now I'm waiting on that court date also the detective called and said they will put out a warrant but now I'm just going crazy because he never had my daughter this many day I don't think he will do anything to her but it's the point of him only wanting her because I filed for child support and now he is becoming dangerous
Your situation sounds complex, and probably requires legal advice from a local attorney who can consider the particular facts of your case. If your daughter's father committed an act of domestic violence, the law in the District recognizes a presumption against him having custody of your daughter. The judge in the CPO case will address this, but you should also file for permanent custody.
As you did not mention it in your question, I am assuming that you have not previously obtained a court order that awarded you primary physical custody of your daughter. Assuming that that is the case, you should immediately file for sole legal and physical custody of your daughter. You may wish to consult with an attorney.
Please be advised that any information or advice given herein does not constitute an attorney client relationship. Further, before taking any actions or deciding not to take any actions, you should seek counsel of an attorney. This forum cannot provide you with the anyalysis and detail necessary for a full and accurate opinion to be rendered.
Make sure you filed your CPO petition property and that the father is served (can request MPD to serve). Your TPO hearing would be on the day you file the petition and the CPO hearing generally within two weeks thereafter. The quickest way now to have temporary legal custody and have a stay away order in effect would be via TPO/CPO hearing. Be sure to request in the petition that you seek award of physical/legal custody as well as support payments.
You should consult an experienced DC FAMILY lawyer. This response does not constitute/create an attorney-client relationship. Moreover, this answer is informational only and cannot be construed as legal advise.
The specific answer to your question will come from your family lawyer after reviewing all the evidence and facts and developing a custody plan.
Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.
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