They don't have a custody order she just wont let him see the kids. They want to see there father.
2007-06-05 11:48:40 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
They are not my kids with him. And they were never married. The only thing he did wrong in her eyes was marry me. The kids want to live with us. We put a court order in for custody but it takes time and the kids want to see him they cry every time he talks to them he has not seen them in over a month because she doesn't want him too. Thats why he wants to go pick them up with her permission.
2007-06-05 13:42:15 · update #1
If there is no custody order they can't do anything, he has every right to get them from anywhere and he is not breaking any law.
2007-06-05 12:11:36 · answer #1 · answered by az_mommma 6 · 2⤊ 0⤋
Since whoever had the children voluntarily released the children to Dad,then no. If he took the kids forcibly and was not allowed to then maybe. Without a court order spelling out all the fine details surrounding the children,the authorities cannot enforce something thats not enforcable unless it includes hositile intentions or if Dad takes the kids and heads out of state to avoid a custody hearing. The only thing here that can be done,other than getting mom mad, is to get an officialcourt order spelling out everything. Good luck
2007-06-05 12:38:38 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
It can be since there is no custody or visitaiton order. Without those, he has no rights to the children.
EDITED TO ADD:
If there was a divorce, by law there MUST be a custody determination. Why do you think I answered the way I did.
So, I guess now we have to wait for the answer to the following question:
What makes your husband think he DOESN'T have a custody order from the court?
2007-06-05 12:36:05 · answer #3 · answered by hexeliebe 6 · 1⤊ 0⤋
If there is no Custody agreement then either one has a legal right to take the kids anywhere they want. If you want to prevent this you need to get a court ordered custody agreement.
2007-06-05 12:21:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
if niether one has custody of the kids,then he can pick them up with out permission and then have a lawyer file for emergency temporary custody untill the full custody case can be heard in court.
2007-06-05 23:02:50 · answer #5 · answered by ratpatrol25 2 · 0⤊ 0⤋
Hard to say, has the father done anything wrong? or is the mother just a freaked out psycho that thinks the worlds against her?
No its not kidnapping if there is no custody.
2007-06-05 11:56:28 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You got to get a custody order first before you do anything. As long as there his kids and there were no complaints or restraining order against him he will be allow to take them when ever he wants. You got to have a reason why, he cannot be around his own children. Take him off the list at daycare.
2007-06-05 11:55:05 · answer #7 · answered by Ash Kat 4 · 1⤊ 1⤋
1-write down in detail each time he tries to visit his kids.
2- get a family lawyer right away to instill parental visitation rights immediately.
3-Never say anything negative about the mother in front of the kids (HARD BUT IMPORTANT for kids welfare, they associate themselves as 2 halves, half mommy half daddy) plus it can be used against you in court and is frowned upon.
4-Keep your emotions in check at all times, for the kids.
5- make all your apointments and be on time for pickups.
6- Depending on your state or province , it is best to wait to pick up the kids until you have written permission from the court to avoid any charges including kidnapping.
2007-06-05 11:56:31 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Without a custody order that says who has legal custody, it is not kidnapping.
2007-06-05 11:53:15 · answer #9 · answered by April First 5 · 1⤊ 0⤋
GET a custody order.
2007-06-05 11:51:33 · answer #10 · answered by Anonymous · 1⤊ 0⤋