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13 answers

I can understand IF your kids have been with him a month
But a year????
why havent you done something before now?
The judge will probably ask the same question
and wonder why they been there a year.
if you have custody, you have all the rights to get them right now

2007-04-04 12:14:30 · answer #1 · answered by GoldenChic 1 · 0 1

You probably won't. I am not sure why, if you have primary custody, that they aren't living with you but in most cases that piece of paper won't matter. If you voluntarily let the children stay with him and now all the sudden want them back, chances are the judge will rule that they stay where they are. Especially if they are school age. My suggestion to you would be to get a lawyer who specializes in custody issues. Good luck!

2007-04-04 21:09:12 · answer #2 · answered by itsjustme 3 · 0 0

You should have got them back along time ago you will be lucky if you can get them at all he could have filed abandonment charges on you and file for custody.Take the police over there along with your custody papers and if you are lucky he will hand them over to you if not you will have to go back to court and then explain to the judge why your ex has had them for a year and now you are wanting to uproot them from where they lived for a year so Good Luck on that one.

2007-04-04 19:20:51 · answer #3 · answered by Mary O 6 · 0 0

Present your custody papers to a law enforcement official, with information showing that the kids are supposed to be in your possession at this time.

If you have 'primary custody' (what is that?), why do the kids live with him? I don't really understand.

2007-04-04 19:08:14 · answer #4 · answered by Maureen 7 · 1 0

The law is/was on your side here but for Gods sake (and the courts will definitely ask this) why did you wait so long before reporting this to the authorities. Believe me you better have one hell of an excuseor the Judge may not believe you and go on the possession rule here and grant dad reverse custody and you may not get them back. If it appears that dad treated them better than you did and you just didnt want them before but now its in your financial best interest to get them back, you wont. In this case time is going to be your worst enemy especially if you did nothing during this year. Sorry, but you have no one to blame but yourself here.

2007-04-04 19:25:57 · answer #5 · answered by Arthur W 7 · 0 0

Forget it..you lost custody by default. He did not kidnap them, they stayed there because he and the kids wanted that to happen , right? so..too bad, you cant be a mother when you feel like it. My ex disappeared for 3 years after giving me custody and then tried to get them back...the judge (who was a woman btw) laughed at her face and told her to go fly a kite

2007-04-04 19:23:59 · answer #6 · answered by Anonymous · 0 0

If you don't have joint custody, then he is violating the terms of your custody agreement, that is a form of kidnapping and he can be indicted. You can involve the police, but you really need to get an attorney involved. That would make things go smoother.

2007-04-04 19:14:33 · answer #7 · answered by darkpoet3000 3 · 0 1

You screwed up, girl. This is going to look very bad for you in court, which is where you have to go now. Children are people, not furniture.

2007-04-04 19:21:47 · answer #8 · answered by Anonymous · 1 0

go to court file a police report and get your kids back. why did you allow this to go on for so long

2007-04-04 19:08:18 · answer #9 · answered by bbinqueens33 4 · 1 0

You waited a year to realize that you want them back? I'm not sure they belong with you. I'd love to hear his side of this story.

2007-04-04 19:15:31 · answer #10 · answered by idontloveyoufup 3 · 0 0

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