I need some legal advice for my friend....??

Question

Alright, here's the deal....

My friend is divorced and has two children. He and his ex do not have a custody agreement yet. His ex was in a bad car accident and had to be taken to the hospital. He wants to go and get his kids from her parents, who have no legal rights to the kids right now, but they wont simply give the kids to him because they have control issues and they are very stubborn. He doesnt have an attorny yet, and he wants to know what he should do... How can he get the kids without a lot of conflict?? He's contacted the sherriff's office and someone else about it, and they wont help him. Will it look bad in cort if he goes to get his kids?? Or will it look bad if he doesn't try to get them and take care of them while their mother is in the hospital???? I dont know what to tell him because I dont know about any of this stuff!!
I should note that her and her family have kept the kids from even talking to him for about two months. This is a nasty situation!

Answer 1

legally speaking, since they haven't reached a custody agreement yet, then both the mother and father share custody. so the father can legally go get his kids from the mother's parents, because they don't have any legal custody of them. granted, that doesn't mean that her parents won't make a big scene, but legally, he has the right to go get his kids. it's good that he's contacted the sherriff's office, that shows that he's wanting to do things legally. tell him to call them one more time to let them know that he's going to get them, and he may want to request an officer escort to keep things from getting out of hand. if they won't help him, at least he can say he tried. tell him to get a lawyer ASAP!

Answer 2

I'm not sure of the law in ur state but here in Louisiana if neither parents have custody then its who ever has the children. Which means he cant force police to remove the kids from the mother if she has them with her without court papers and vice verse. if she is in the hospital and unable to care for the kids its his right to have the kids with him even if is against the mothers wishes. The grandparents cannot stop him since there are no papers. Once he has the kids she would actually have to take him to court to get them back from him. Its really strange but the law here.
My sister went through a ugly divorce and her husband took the kids from school when she went there with the cops they could not force him to give back the kids since neither of them him papers. Its up to the courts not the police.
I would call the local police dept not 911 and ask what the procedure on this is.
I do think they should be with the dad if mom is in the hospital but plz do not keep them from her since this is probably a very hard time on the WHOLE family it will only make matters worse then they already are.Best of luck and prayers for mom.

Answer 3

That is a messed up situation. He should speak to an attorney ASAP. In the meantime he needs to try again to get his kids. But do so without breaking the peace--meaning he shouldn't create a scene. If they refuse to hand them over then just leave and go to a lawyer (that is what my lawyer told me to do when my ex wouldn't give me my kids for a visitation). If nothing else he may be able to get a free consultation from an atty.
It won't look bad for him to have tried and not wanting to cause a disturbance for the sake of the children.
And just for the record the sheriff's office will not get involved unless there is an actual custody arrangement and court documents.

Answer 4

That's why lawyers get paid the big bucks - to help you through nasty situations.

I have my doubts whether you have told all of the relevant facts here, otherwise your friend would have already contacted a lawyer. I also do not understand how any court in this country would grant a divorce without a child custody agreement in place.

Bottom line - hire a lawyer asap.

Answer 5

There has to be a reason the ex and family are keeping him away from the kids. He had to have done something wrong.

IF the sherif doesn't even help...................maybe he could go to the courts and get an order that gives him rights to his own kids. This is done everyday.

Maybe the ex and her family have court orders your not even aware of.

UNLESS there is a restraining order on this friend of yours, he has a right to go and get his own kids. BUT if he's holding back, more than likely, he's not telling you the whole truth.

Answer 6

It could be called abandonment. If the grandparents are not legal guardians, they could easily file to get posession of the children.... Since there is no custody agreement, I am assuming that he and his ex had a verbal one. At this point, he needs to get that on paper, and unfortunately, that requires an attorney... like yesterday.

(It's always nasty, hon, when you have to get an attorney.... these sharks charge by the minute, rounded up!!!!! to 15 minute blocks of time...... about $350/hr.....)

Answer 7

If he has a decree then it clearly states what his visitation rights are and there is nothing her folks can do to stop him from taking his kids. Furthermore there are no grandparents rights unless the mother signed over her rights to her parents. The mother is clearly withholding the children from their father and that is illegal, I would have him contact his attorney he used for divorce and let them know what is going on.

Answer 8

Tell him to file for custody and take it to court as soon as possible and if the children are his he can go get them at school and there isnt a damn thing the parents can do about it.

Answer 9

If he's a good daddy, he deserves to get his kids. Have him get an attorney. The kids won't think poorly of him just because he's fighting for them.

Answer 10

get the kids no matter what he has to do. They can't legally keep him from seeing them or they will get into trouble. All he has to do is phone and attorney and get some advice.