a father of two kids, he picks them up at school every day since they started school and even after he had separated with the kids' mom. after the separation the two agrees (verbally) to have the kids every other week, both now in relationship with other people and now after the guy had gotten married with the current partner, the mother of the kids all of a sudden forbids him to pick up their kids from school and also had threatened him that she'd call the police if he comes around them. the guy knows that just a matter of time until she files for custody aswell, so he went and filed in court and has a summon for custody to serve her. but he fears now that if he gives her the paper he really wont be able to see his kids at all until judgment has been served in court. also, rumor has it that she might send kids to other state. should he get emergency restraining order as well protecting kids and his wife and him and serve summon at the same time? buys time to spend with his kids?
2007-05-15 13:21:15 · 10 answers · asked by whyalwaysbadthingshappen 1 in Family & Relationships ➔ Marriage & Divorce
If you think all of this is going on PLEASE talk to your lawyer so he can have a discussion with the judge and petition for an emergency hearing. She could be charged with custodial interference if she does move the kids before the hearing though.
2007-05-15 13:26:59 · answer #1 · answered by indydst8 6 · 2⤊ 0⤋
Okay, so you are saying the father and the mother never married eachother. The mother is playing with fire. Angry because he is married, and he never married her.
She needs to be served immediately. Unless there has been voilence, I am not understanding why there is a need for a TRO.
She is upset, but that does not give her the right to keep the children from seeing the father. Things should continue as they have because they do see the father everyday. Changing it out of her vindictive feelings is not in the childrens best interest, only hers. She is punishing the father and the kids.
She can be banned from leaving the state. If she does and is banned, she will lose the children.
Right now, the husband seems more stable and in a marriage. (Judges hate when people have children without being married.)
I would say, just from what is given, the husband will be the one to win custody.
2007-05-15 13:54:46 · answer #2 · answered by treasuredwife69 5 · 0⤊ 1⤋
I'm pretty sure that she can't have them sent out of state legally without his permission. Calling the police will not do anything for her unless she has a restraining order. The police should be the ones to serve a summons to her and if she doesn't let him see the kids, then it is more ammunition to use against her. Let them know that you have heard that she is going to send the kids away and see if you can receive guardianship until the custody is determined.
2007-05-15 13:51:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You canget a restraining order and have it served. The Judge may grant temporary custody usually to the mother til the permanent custody hearing. You can get a order preventing her from taking the kids out of state with the intent of hiding them to avoid a custody hearing. There is a chance that dad may lose his visits temporarily so think about it before proceeding. He should file for custody himself and see what happens. If he has to be child support, he then gets visitation rights too. Good luck
2007-05-15 13:31:58 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
Yes he can. If he can show that he has good reason to believe that she will forbid him from seeing the kids or that she may remove them from the state, he can get a court order stopping her. He should get a decent family court lawyer. The best he can afford. Don't be scared by the prices for child custody. The high prices are usually "in court" custody battle prices. The rates are cheaper for the pre-work, mediation, etc.
2007-05-15 13:27:42 · answer #5 · answered by Patti C 7 · 0⤊ 0⤋
Its most likely custody will be 50/50, judges will not put up with listening to stupid arguements unless the child is in harms way...If both are just argueing to aruge, than the court doesn't care. They will both have to sit down with a mediator and work out and schedule or visitiation schedule before the judge will rule.
2007-05-15 13:29:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
he better serve that summons because untill he does she can do as she likes and if there isn't no custody order issued to either party he should be able to get the kids as he chooses
2007-05-15 13:26:34 · answer #7 · answered by Mary O 6 · 0⤊ 0⤋
as you can see verbal agreements mean nothing.
altho it will show that she had no problem with it before she got a snit in her pants.
he should file asap....
she can not move the kids to another state. have that put in his papers asap also!!!
2007-05-15 13:27:08 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yeah, I had to file one on my ex boyfriend when he became a stalker after I broke up with him. He would follow me, valdalize my car, harrass my mom when I wasn't home, camp outside of my job..... Fortunately later he moved FAR away.
2016-05-19 14:48:48 · answer #9 · answered by soo 4 · 0⤊ 0⤋
He needs to go to a family law solicitor and get advice on this matter..
2007-05-18 05:52:26 · answer #10 · answered by Granny 5 · 0⤊ 0⤋