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I have 2 children, 9 and 13, their father was given physical custody in 2002. After living with me during his custody in 2004 he decided to take them and move them to CA. While there, their grades dropped, he remarried and my children are being "bullied" by their step-mother. They are here with me for the summer and they are begging me to stay here with me and start school. What are my rights and their rights? Does anyone know how I can keep my children here with me? (The father sent them on a one-way ticket, but expects me to pay for them to go back)

2006-07-28 10:46:46 · 9 answers · asked by nana12872 1 in Family & Relationships Marriage & Divorce

9 answers

Contact a family law lawyer.

They will isten to your case and then tell you what can happen.

2006-07-28 10:49:59 · answer #1 · answered by lala<3 4 · 0 0

If you case is still in the jurisdiction where you live you can file a motion to rehear custody. Make sue you have all your backup documentation such as when the kids lived with you etc, copies of their report cards and school records. You could also request the the children be interviewed by the courts so they can express their opinion. Most courts have a self help center or can at least refer you to another place that can assist you. I do not know why you lost physical custody but as long as that reason is no longer valid you have a good chance.

2006-07-28 18:00:52 · answer #2 · answered by middle aged and love it 3 · 0 0

First, he had to get you permission to move those children out of state which should be written in your divorce decree. The travel expenses should have been worked out before they went, as there isnt a whole lot you can do now. Unless these children are being abused mentally or physically with bodily harm, and you have to provide concrete evidence of this, and since there are two states involved, you may be in trouble. You can file a motion in the court of your state, but to get him to return back for a custody hearing are extremely remote, because the law cannot force him to do so unless there are criminal abuse charges against him. Your charges of bullying and low grades are hear say and prove actually nothing in any form of child abuse. I know this is not what you want to hear and I apologize for this but this is the law. You may be able to work something out with him but as for legally, without some type of hard evidence showing abuse by either their father or step mom, you are probably out of luck. Sorry and good luck

2006-07-28 18:34:17 · answer #3 · answered by Arthur W 7 · 0 0

You need to look up your states rules on custody of children. Depending on the kids ages usually not til 12 they do get a say. You could firstly see a solicitor or get free legal advice. if you can not look up your local government web site for forms on filing to the court to change a court order on the grounds things have changed. It's hard to say but maybe just talking with your ex about how the children feel might help he might say they can stay with you....U never know till you try.

2006-07-28 17:52:26 · answer #4 · answered by lol_des 4 · 0 0

You can:

1. Hire an attorney or

2. Go through mediation/arbitration.

Here are somethings you're gonna need.

1. Legal counsel
2. The rules and laws of your state
3. A copy of your parenting agreement
4. Proof of anything you are claiming.

Good luck.

2006-07-28 18:09:20 · answer #5 · answered by ntoriano 4 · 0 0

hire a a lawyer and file papers in court. the kids are ole enough a judge might listen to them

2006-07-28 17:50:39 · answer #6 · answered by Anonymous · 0 0

the state where the children's residence is has jursidiction over them. file motion for custody in that state ca

2006-07-28 21:11:22 · answer #7 · answered by cherastitch 2 · 0 0

well i dont have kids so i wouldn't no ..
but i wish you the best of luck
well by 'bully' do you mean physical or verbal cuz if its physical then thats abuse you could call the police cant u ?

ta ta

2006-07-28 18:02:42 · answer #8 · answered by sweet girlie 1 · 0 0

hire a lawyer

2006-07-28 21:34:28 · answer #9 · answered by heather f 3 · 0 0

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