my ex had custody in another state and then gave them back on his own free will, no other custody arrangments were made and now he moved back here and wants to take over...they have been with me for over 5 years....who has rights? and does the custody carry over from other states? i am scared to fight with him cause i dont know what he will do....he took them from me before but we were still married and I could not do anything about it...any advise?
2007-03-20 07:02:08 · 6 answers · asked by jaylee0523 2 in Family & Relationships ➔ Marriage & Divorce
Custody does carry from state-to-state, but this is not a cut-and-dried issue. You need a lawyer.
Something that will be in your benefit is that he set a precident, or a history, of 5 years of not wanting custody, without legal documentation. The way the courts explained it to me is that he, being the one who fought for legal parental custody has failed to exercise the custody that was awarded to him. And since he has failed to excercise his custody, he has set a new "standard" or precident for future custodial consideration.
The only way to fix it is to go back to court. The best thing you can do is to get a lawyer immediately and find out if you should follow the existing court order or file a quick motion for custody. At least in CA, filing the motion will set the precident (since you've had the kids for 5 years they'll be with you) until the whole mess gets through the courts. This is tricky, because if the police get involved, they have to follow the existing court order even if other arrangements have been made. So CYA, get all the paperwork filed and in order, and love your kids. It'll all work out for you in the end.
2007-03-20 07:28:46 · answer #1 · answered by pknutson_sws 5 · 0⤊ 0⤋
Yes custody carrys over from other states. He has a court order that grants him custody of the children. HE has custody, I suggest you turn the children over to him. If YOU want custody you have to go to court in order to get custody. Them living with you for 5 years does not change the court order of custody that was previously made.
2007-03-20 14:11:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
usually the custody is for the state you live in. you need to go back to court and make it legal whatever you decide. did he sign a paper giving you sole custody or did he just hand them over? he should still have rights unless he signed them away legally. check with an attourney or your local department of children and families.
2007-03-20 14:08:32 · answer #3 · answered by wendy_da_goodlil_witch 7 · 0⤊ 0⤋
Get a lawyer.....today!! It will look bad on him that he gave you the kids when he had custody, and for 5 years! I'm more than positive if youre a decent person and not a drug user or seller, alcoholic or child molester you'll get to keep them. They tend to do what's best for the kids.
2007-03-20 14:06:53 · answer #4 · answered by Incognito 6 · 0⤊ 0⤋
It concerns me that he was able to take them from you and get custody.generally the judge does not like to take children from the mother unless the mother has really done wrong.If you have changed and you are a good mother and taking care of your children properly then you should not have to worry about your ex getting custody again.I suggest that you speak to a lawyer ASAP..And yes different states have different guidelines that they follow.Best Wishes..
2007-03-20 14:08:35 · answer #5 · answered by Maureen B 5 · 0⤊ 0⤋
One word:
Lawyer
2007-03-20 14:05:05 · answer #6 · answered by Bradly S 5 · 0⤊ 0⤋