I just want to add some to what I said before as it seems people think I've done something wrong. My ex husband had my children for the weekend and wouldn't bring them back. We waited 4 months for mediation and then he asked for a DNA test which was never carried out it just prolonged going to court. We finally went to court and the judge said that because my children were settled in school and seemed happy they did not see any reason to unsettle them, I hope that explains things more clearly.
2006-09-20 08:39:08 · 15 answers · asked by MICHELLE O 1 in Family & Relationships ➔ Other - Family & Relationships
oh my god, you poor thing, i realy feel for you, i couldn't cope if my children were not with me, good luck hun, i hope you get to spend some time with your kids, after all they need their mum as much as you need them. best of luck for the future.
2006-09-20 08:43:53 · answer #1 · answered by Raine 5 · 1⤊ 0⤋
I am going through the same thing. He has let me talk to my kids twice in the past month because he says it only makes them upset when they get off the phone with me. They for now are in the best place, he does provide for them and has never hurt them, and the rest of the family is there. I am a few hundred miles away and plan on seeing them but he says one thing and does another. I just have to take it one day at a time. What influences him also is his mother. She wanted me to sign over all parental rights so she can adopt them. Just because I divorced my ex does not mean I divorced my kids, that is what they think.
People automatically assume that when the father gets the kids that the mother is unfit or has abandoned them which is a crock. I think the ex just wants the control even when you are divorced. I may not have helped any, but I feel better about my situation.. Good Luck anyways Girl!!
2006-09-20 15:47:00 · answer #2 · answered by Clints_wench 4 · 0⤊ 0⤋
I know exactly what you're talking about because I went through the same thing...I took my kids back down to Southern California to go visit their dad and also to go visit my parents and next thing you know he never took them back...and then to make it worse when we did go to court the judge told me in my face that since it's been almost a year since the children have been living with their father then there is no point in messing up their routine as far as going to school or whatever...I think that the court is messed up because even though I've been the primary caretaker of my own children 95% of their lives...I'm still the bad parent because their dad chose to keep them from me and just because I don't live in the same county then I'm automatically the bad parent because the judge told me since the children have been down there for so long why don't I just move down there....I am angry and there's nothing I can do....the court assumes they're always right...
2006-09-20 15:47:47 · answer #3 · answered by lilsweetone619 2 · 0⤊ 0⤋
well i know that no judge is not gonna stop children from being with thier mother unless there is a really good reason .. and when ur husband did not bring the children back when he was suppose to why didn't u call the police ? they would have gone with you to get them . and what the HEll is meditation ??? how old r the children ? why would the ex wait sooooooo long to ask for a dna test ?
2006-09-20 15:45:41 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Let me say something here.. Yes it does matter who your attorney is, in addition to that as much as your attorney amy know the laws and your rights, you too must know them. If you dont know your rights then you dont have any rights. Sort of like when a cop arrests you and he reads you your rights, you know them therefore you have them, if he doesnt read you your rights then you dont have them because you didnt know them.
If you have custody and your ex has them for the weekend and refuses to bring them back HE is in contempt of the Court, your custody order, and the law.
Your right as the parent who has custody is this.
You go to the school and you show them the LAST PAPERS THAT WERE FILED THAT EXPLAIN IN DETAIL WHO HAS CUSTODY OF THE CHILDREN AND WHO HAS VISITATION AND FOR WHAT PERIOD OF TIME. THIS WILL LET THE SCHOOL KNOW THAT THEY ARE IN THE WRONG IF THEY DO NOT ALLOW YOUR CHILDREN TO RETURN TO YOU AND THEY ARE INTERFERRING IN A CUSTODY CASE.
THE LAST ORDER THAT WAS FILED IS THE ORDER THAT STANDS.. IN ANY COURT UNTIL A NEW ORDER IS FILED.
YOUR HUSBAND WAS IN CONTEMPT OF COURT FOR REFUSING TO BRING THE CHILDREN BACK. YOU NEED TO HAVEYOUR ATTORNEY FILE AMOTION THAT STATES THIS AND BRINGS THIS TO THE ATTENTION OF THE JUDGE THAT GRANTED YOU YOUR TEMPORARY CUSTODY.
I dont know what state you are in so I cant give you and state specific laws, if I knew I could help you more.
Please post some more info so I can help you a bit more.
I have been there and done that with my ex I can help you out.
Make sure though regardless of any advice I give, consult with your attorney!!!
2006-09-20 15:52:36 · answer #5 · answered by Shalamar Rue 4 · 0⤊ 0⤋
If you went to court did't the judge give you visitation rights? Because if he did and your husband don't let you pick the kids up then all you have to do is call the police have them come to your exhubands house have them give you a note stating that you were there and your exhusband would not release the children to you take that to the judge who gave him custody and he will reinforce his visitation rules if yourex continues his crap you might even get custody back. Judges do not like for their rulings to be walked on.
2006-09-20 15:50:11 · answer #6 · answered by rain20 1 · 0⤊ 0⤋
My ex wouldnt bring my children back after a week, so I called social services and the police.
He had no rights whatsoever as we hadnt been married, and I got them back the next day.
However this doesnt help you. I would see another solicitor and see if they can help as your present one doesnt seem very helpful. If you have a court order to see them every so often, surely he is in breach of that order and something can be done.
2006-09-20 15:53:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
That's horrible that you guys and specially your children have to go through this!
I think you should find another lawyer, because, despite he has the custody, as you describe it, he doesn't seem to have the right to deny you to see them!
Maybe ask to your local social service for assistance or advise on what you can do for your specific case. Look for them on the Internet or phone book.
Good Luck!
2006-09-20 15:45:17 · answer #8 · answered by Mel 4 · 0⤊ 0⤋
Won't u just get custody of ur children a court for them to come over every other weekend.
2006-09-20 15:43:18 · answer #9 · answered by momo13 3 · 0⤊ 0⤋
Whoever has the money to hire the best attorneys usually comes out ahead in custody matters. Has nothing to do with who is the best parent.
2006-09-20 15:42:18 · answer #10 · answered by Nefertiti 5 · 0⤊ 0⤋
You are the mother and if it was me i would get my butt so fast into the school, grab the kids and run. They are your babies, you gave birth to them. I know one thing for sure, no f*ck*r would keep me apart from my children, not any judge, not the police force, not even the army. Get your babies and run.
2006-09-20 15:44:59 · answer #11 · answered by DONNAIS 2 · 0⤊ 0⤋