i have to boys,one is mine the other is not. im raising them both, no legal papers signed with ex . they have been with me for 9 months. she took them both today, and won't return them need some help please.
2006-07-09 14:38:32 · 7 answers · asked by TO FAST TO FURIOUS 3 in Family & Relationships ➔ Marriage & Divorce
the other child is hers and she left him for me to raise with no help from her . do i have aney rights to him?
2006-07-09 14:47:54 · update #1
Though I doubt that this is what you want to hear, what you're experiencing represents the ever-present danger of trying to resolve a dispute without going through the proper steps to make an agreement legally enforceable. If I agree to buy a car from you for $10,000, but we never sign any type of contract, then there's no legal way you can force me to keep my end of the bargain later.
Child custody is a legal matter that is controlled by laws in your state. When a child custody matter comes before a judge, he/she evaluates the circumstances in accordance with state law, and drafts a child custody order. Such an order describes all of the terms of how custody shall be shared (or not shared), what child support must be paid, how visitation will be arranged, and so on and so forth. If one party or the other does not observe the child custody order, the other party can simply petition the court to enforce the order - and a judge can order the police or other child welfare officials to force the misbehaving party to conform with the agreement.
In the absence of any type of child custody order, your ex has an arguable right to the children as well. That doesn't mean that she would 'win' the argument - it just means that, since no legal body has determined WHO should be in custody of the child, there is no reason to favor you over her.
At this point you need to contact an attorney who specializes in family law. The attorney is knowledgeable about your state's rules with regard to establishing a case in support of child custody. In most states, the underlying premise is that the court is charged with determining what child custody arrangement is "in the best interest of the child." If a court determines that it would be in the child's best interest for you to have residential custody, the children will be returned to you. The fact that you have provided a home for them for the last 9 months may well assist your case, but then again, that would depend on the circumstances of the home that you have provided.
What this all boils down to is this - if you're going to regain legal custody of your children - the type of custody that can't be disregarded by your ex - you'll need to get a court to evaluate the unique circumstances of your situation and issue a child custody order. Any attempts that you would make to regain custody by means other than the legal process would probably work against you if, and when this matter ever ends up in court (where it belongs).
I wish you the best of luck in getting this matter resolved.
2006-07-09 14:56:59 · answer #1 · answered by NotAnyoneYouKnow 7 · 3⤊ 1⤋
Contact your local Father's Rights Group IMMEDIATELY.
2006-07-09 14:42:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I really don't know what to say except to get an attourney and tell them your case, I bet they deal with these kinds of situations all the time...Good luck!
2006-07-09 14:41:33 · answer #3 · answered by Toyre_826 3 · 0⤊ 0⤋
Get a lawyer.
2006-07-09 14:47:40 · answer #4 · answered by kathy059 6 · 0⤊ 0⤋
sorry to hear that, but, you need to go through the legal network to see what you can do to get them back or visitation. good luck.
2006-07-09 14:42:42 · answer #5 · answered by baby 5 · 0⤊ 0⤋
get a lawyer see the local magistrate
2006-07-09 14:41:11 · answer #6 · answered by Jamie, FNP 4 · 0⤊ 0⤋
you need a good lawyer
2006-07-09 14:50:52 · answer #7 · answered by buttseyeluv43 2 · 0⤊ 0⤋