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 13:24:19 · 8 answers · asked by whyalwaysbadthingshappen 1 in Family & Relationships ➔ Family
You can't get a restraining order. She can't move out of state either. She can call the cops but unless she has a order of protection against you then there is nothing she or the cops cna do to keep you from seeing teh kids..and ther mere fact that she is doing so may work for you in court. Make sure you document every little thing that happens between you, her and the kids. Things that will look good to the courts : keep trying to see them as much as possible, pay child support (even if it hasn't been ordered yet ...keep copies of checks for proof ) Hire a lawyer he/she can probably arrange for some type of visitation until you can go to court.Also if/when you see the kids do NOT trash talk their mother, no matter how awful she is, it will only hurt the kids in the long run.
2007-05-15 13:33:43 · answer #1 · answered by 6QTQTS 3 · 2⤊ 0⤋
As a single mother I understand your frustrations...
I wouldnt file anything - seriously. If it is possable to talk to her I would start there,but if talking fails or if you cant talk,then I would get a lawyer and let the lawyer handle it...because there is no custody order, I believe that since she is the main care taker she can take them out of state. you cant get a restraining order...Unfortunatly,she has the right away to not let you pick up the kids after school because they reside with her,she is the primary care taker,but since there is no court orders at the present time - you can go to the school and see the kids at lunch,talk to the teachers and request copies of the report cards..you can even show up at the end of the day,and sit and talk with your kids even if its 15 minutes.. She can call the police,but I dont believe they will do much because there are no court orders.
like I said,if you cant talk to her,and she refuses to let you pick the kids up,then to keep peace, I would continue you weekend visitation and get a lawyer,as an added note,do not get a legal aid lawyer,,they realy dont give a ****.
2007-05-15 14:00:32 · answer #2 · answered by country_girl 5 · 0⤊ 0⤋
Serve her with the papers and then go and file a motion for Interim (temporary) custody. In that motion, ask for a visitation/custody schedule that is close to what they have already been doing as far as who has the kids when and what time/place exchanges take place. You might want to check your states statutes, but usually, if the father is on the Birth Certificates and there is no custody established, he has equal rights to the children until an award of custody is made. What do you think will happen if she calls the police on him? If he doesn't have warrants, then probably nothing... they'll tell her to get a life!!!
2007-05-17 06:44:15 · answer #3 · answered by aphrodite_ak 2 · 0⤊ 0⤋
I would Just do as he is doing at the moment the emergency restraining order could Just make matters worse, see how this goes first then take it from there because he has been such a wonderful father every sways his way to have regular contact but if needs be get a lawyer too, good luck :)
2007-05-15 19:30:08 · answer #4 · answered by clare w 4 · 0⤊ 0⤋
It sucks that she is acting this way. Get a spiral and keep track of every time you try to see them kids, and she refuses. Get a lawyer. If you go to court you have a right to keep her from moving to another state, so that you are able to see the kids. If she doesn't show for court, she'll have a warrant out for her arrest.
2007-05-15 13:37:25 · answer #5 · answered by cyran 3 · 0⤊ 0⤋
I would get a good lawyer and would try to get her in court asap, and unless there is a court order stating custody, visitation and all that good stuff I don't see how she can stop him from getting the kids.
2007-05-15 13:31:12 · answer #6 · answered by mommie_29801 4 · 0⤊ 0⤋
i don't think she can (legally) just pick up and move out of the state.
if you have a visitation schedule agreement, she is in violation of it by not allowing you to pick up the kids whne you're suposed to, or visit them.
your best bet is to secure legal counsel as soon as possible, and stop referring to yourself in the third person...
2007-05-15 13:59:26 · answer #7 · answered by letterstoheather 7 · 0⤊ 0⤋
get a really good lawyer and take the b*tch down. (if you ask me that b*tch deserves a big fat smack)
2007-05-15 14:04:48 · answer #8 · answered by Matthew'Aaron 2 · 0⤊ 2⤋