Legal Question: Child Custody (1 Viewer)

[Jeff Miller]

Got a what if question here.

Lets say a wife decides to leave the home and she wants to take the kids with her, and the father wants the kids to stay. Assume the situation is abuse free. Can the father prevent the mother from leaving the house with the kids or does he have to let them go and fight to get them back in the courts?

 

[TPS]

Every state has different laws about this. I don't know how old your kids are and what rights they may have. What gets you back in favor is if she takes them across state lines as this may open up some avenues for you. File for divorce immediately on your terms and put her on the defensive. Close every account you have - credit, checking, etc. and open new ones in your name before it is too late.

TPS

 

[MommySaint]

If there is any kind of thought that she may harm the children he can get a protective order for the youth court and then apply for full custody of the kids

 

[Leastbay]

I know someone in the same situation but she left because of an abusive situation , she couldnt afford a lawyer and they have joint custody but he has the kids, she is trying to figure out how to get them because he is not taking good care of them but doesnt know where to start. She has several numbers for legal aid but cant seem to get any help. Anyone have any ideas? to the OP if there is no abuse either way and you cant work it out between yourselves then the court will decide, probably make you spilt time if there are no problems

 

[SaintJ]

I am continually astonished about these kinds of questions on a message board.

There is always only one ******* answer.

Get a local attorney to help you. If you can't afford one, look in the yellow pages and call the freaking Legal Aid Society. If that doesn't work, figure out the five biggest law firms in your town (no matter how small your town) and ask if they have a pro bono program and can they help you for free.

Ye gods.

 

[Leastbay]

any tips for one of these law firms with pro bono? It seems like free legal aid is hard to come by

 

[Jeff Miller]

Every state has different laws about this. I don't know how old your kids are and what rights they may have. What gets you back in favor is if she takes them across state lines as this may open up some avenues for you. File for divorce immediately on your terms and put her on the defensive. Close every account you have - credit, checking, etc. and open new ones in your name before it is too late.

TPS

Thank you TPS.

Kids are 12 and 7. One is mine the other a step child. The one good decision i ever made was we do not share any financial accounts.

 

[Jeff Miller]

If there is any kind of thought that she may harm the children he can get a protective order for the youth court and then apply for full custody of the kids

harm to either child is not a issue.

 

[Jeff Miller]

I am continually astonished about these kinds of questions on a message board.

There is always only one ******* answer.

Get a local attorney to help you. If you can't afford one, look in the yellow pages and call the freaking Legal Aid Society. If that doesn't work, figure out the five biggest law firms in your town (no matter how small your town) and ask if they have a pro bono program and can they help you for free.

Ye gods.

yeh, i going to get a counsoltation next week. There's a chance the wife might pull a stunt before then and I don't want to make a poor decision if the event occurs (we're not on speaking terms right now). and the last thing i want to do is make the children into pawns. Untill i hear otherwise i'm leaning towards not standing in anyone's way and then go thru the legal process.

just interested in learning from anyone else's expirence (i am in Washington, not Louisiana) and my forte is criminal code, not civil code.

 

[NCSaint]

If there is any kind of thought that she may harm the children he can get a protective order for the youth court and then apply for full custody of the kids

So otherwise it is OK?

 

[Leastbay]

Ive been through it and its rough at first, the best thing is if you can work as much as you can between yourselves.

 

[MommySaint]

So otherwise it is OK?

yes If she is the biological mother she has the right. same as the biological father he has the right to take the kids unless there is a standing court order

 

[MommySaint]

I know someone in the same situation but she left because of an abusive situation , she couldnt afford a lawyer and they have joint custody but he has the kids, she is trying to figure out how to get them because he is not taking good care of them but doesnt know where to start. She has several numbers for legal aid but cant seem to get any help. Anyone have any ideas? to the OP if there is no abuse either way and you cant work it out between yourselves then the court will decide, probably make you spilt time if there are no problems

More than likely legal aide may not even help here. She can ALWAYS call Family and Childrens services to help her (this is a FREE Service) and if she has the right to remain anonomous (sp). This is one of the best ways to go when there is abuse or neglect period.

 

[NCSaint]

yes If she is the biological mother she has the right. same as the biological father he has the right to take the kids unless there is a standing court order

The right to leave the area where the biological father is located? How does she have that right?

 

[MommySaint]

The right to leave the area where the biological father is located? How does she have that right?

Weather it is right or wrong in our eyes the courts will have no beef with this as long as she is providing for the child/ren. The biological father would also be able to do this to the mother if he wanted. The best thing to do is get a court date set for custody issues right away. Sadly even if one parent does not deserve to have the child full time they can take the child/ren if there is no standing court order. If there is a court order in place on who has the children and how long visits are and what not then it is wrong and against the law. Working in DFCS I see stuff like this all the time and I could cringe at times over these parents who let their ex take the kids and sit and do nothing about trying to get custody either soley or jointly until they get slapped with a notice to appear because the other has filed for custody. Every state does have their own laws but most are similar. Best thing to do as soon as you know a break up is comming file for custody, joint if you two can agree on this but if not file for full custody and prove to the courts YOU can be the one to provide best for the child/ren.