the father of my 2 children took off to new jersey with them and will not come back..read below for more info?

Question

ok me and him were havin a dispute and the police said that we should just cool off for the night and because he had no where to go i had to leave with my children..well to come to find out i call home the next mornin no answer to our house phone..i got a phone call from his moms cell phone and he had takin off with them and said he was on his way to new jerz and wasnt comin back..neither one of us have custody we both have equal rights now im bein told that he couldnt leave the state of nc with the kids...but when i found out and called 911 and the city police deparrtment they said there wasn't nothing they could do..my babies are only 1 and 2 years old.i dont have the money for a lawyer or a way to new jersey at this point can someone please give me some advice

just so ya know ive been callin social services and lawyers just cant afford the lawyers....im ahave to wait on legal aide from social services im not sittin here doin nothin...some of ya people can be very vain.i just need some advice...

i took my oldest with me which doesnt bvelong to him he was left at the apartment with our one year old and 2 year old..and yes hes a good father he wouldnt let them do without...but the cops said that night that they would be ridin through in the mornin to make sure he didnt leave with them

Answer 1

Sorry, your options are to wait and see what happens,
Hire an attorney with a loan from the bank or a nice attorney that takes credit cards or payment plans, or put your name on the list for a free attorney with Legal Aid which would take months probably.

First if he's got legal rights to the children by being their father, he has the right to have them in his posession. Secondly, he's not supposed to take them out of the state however. But the only way for the police to do anything about it is with a court order - obtained by the attorney you're going to have to hire.

My advice is to Do something. These are your children. You are their mother. I don't care if you can afford it. Will that excuse fly with them 18 years down the road when they look up to see their mother there for the first time after all that time?

What are your children worth?

Answer 2

I'm really sorry that you had to feel this powerless to get your children back. I know how it feels, I have been in the exact same situation. Position in this case is 9/10th of the law. He has the exact same rights you do to take the kids. Best advice is make up with him, play as nice as you possibly can. This is the hardest thing to do when you want him to fall off a cliff. Go to the courts through the attorney general and start a case, there are programs out there that will help you with court fees and there a attorneys that will do this type of work pro bono. But don't expect that the cops will help in this matter even with a court order there is no perfect solution in this case.
Try showing that he took the kids at their age away from you, and that you fear that he will do it again when you go to court, it makes it a little harder on him when it comes to the judges decision on who the kids go to and the custody rights.

Remember its war now, be smart and think before you act.
Good Luck!

Answer 3

If this were in Canada I would tell you to do the following:
(I suspect that there is an American equivalent to all of this)

1. Try to find out where they are
2. Apply through family court for an interim custody order that will grant you temporary custody. These orders can also have an "assistance" clause that allows the police to go in and get the kids if he refuses to hand them over. The interim custody agreement will hold until the next court date when a judge will decide who they will stay with. The fact that he took them away will be in your favour.

You will need a lawyer experienced in family/custody matters. If you can't afford one get legal aid.

Answer 4

If there is truly no court order established, go get one. You don't need an attorney to apply for temporary custody. You can then attempt to have him served with the paperwork, if you know where he is. Otherwise you can have him charged with either kidnapping or custodial interference. Go to your local family court, explain the situation to them and let them guide you. You don't need an attorney yet. If he comes back with the kids and wants to fight you on it you should get an attorney but you still don't have to. If he left the state with the children for no good reason other than to spite you, then his chances of getting full custody are next to nil. You never know how these cases will turn out though, so I suggest getting whatever attorney you can afford as soon as you can. Don't stop trying to get them back and don't stop documenting everything you've done and the information about everyone you've spoken to. This will come in handy when you have to show that you didn't agree to him leaving with the kids and have been actively trying to get them back. If you're married I'd file for divorce while at the family court. Otherwise, file for temporary custody and child support. Good luck.

Answer 5

You have every right to the children as he does. You should file a missing persons report or a kidnapping report with the police department letting them know that he refuses to let you know where he is. They should be able to do something about it if you treat it like a kidnapping. The father took your children without your permission and being that you have equal custody you have every right to decide where the children should live. You could probably bring your case to a pro-bono lawyer and see if they could help you without payment. Some lawyers are willing to help even if they cannot make money off of it. Hope that helps.

Answer 6

I would speak with a detective at your local pd. If they are of no help, i would speak with someone from the district attorney's office at your local court. Someone has legal custody of your children, you are probably just not aware of it. It sounds like it might be a case of parental kidnapping, but the detectives or the DA will know more

Answer 7

First if you both have joinrt custody, than he is not breaking the law by taking his children away. But you may want to contact the department of legal aid, as they provide low to no coast legal information. Information will provide you with the number for your area.

***Dont ever let any man take your children while in a arguement ever!****

Good LUCK!

Answer 8

Unfortunately there is nothing you can do. If he has the kids you cant get police to help you get them back because there is no court order stating you have physical custody. I would go to a court and file for full custody. You can also get legal advise at your local court. Good luck.

Answer 9

First, will the children be safe with him? Is he a good father? If the children are not safe with him (be honest here, I know you are mad, but be HONEST), then you need to hire a lawyer no matter what the costs!

If they are safe with Dad, relax and give yourself a little time to think straight.

Answer 10

see if you can get a legal aid attorney through the state, that's what I had to do. But my situation was different than yours. Legal aid is usually at no charge. There are also attorney's that do work pro-bono (at no charge)