I am still legally married, but have been seperated 2 years. I live in Al, and my husband lives in WY. We have 2 children together. There is no legal custody papers, I have always had the kids as he doesn't pay child support, call them, or has seen them in over a year. He called for a visitation and I let my girls go see him in Wy. Now he is saying that I cannot have them back that they are better off with him. I am a basketcase! Should I just sit back and let the courts handle it or should I go and get my kids (my attorney said possession was 9\10 of the law) I can't live without my kids, what do I do?
2007-06-18 14:09:21 · 14 answers · asked by Al Rose 3 in Politics & Government ➔ Law & Ethics
Get a lawyer and file a divorce. He is a no good *** hole. He has not seen the kid- did not give a damn about him in a year. He did not pay you a dime in child support, how the hell does he think he is a better parent than you. You never left, took care of those kids. You try to do the right thing and send them to visit thier Dad and the *** hole pulls this. He is a no good son of a *****. Do not lose it, keep your head. Get a lawyer, file a divorce, file for pettion of the kids. You will have them. Moreover, even before you go to court, the asshole will realize in just a few days that he is not cut out to parent. He will be sending them home , before you bat an eye. But you need to do what you have to do to protect your kids - file a divorce and make the courts grant you full custody of the kids.
If the lawyer says go and get them. Go get them.
2007-06-18 14:21:27 · answer #1 · answered by 2Cute2B4Got 7 · 2⤊ 0⤋
The 1st answer is dead on. I would add GET A REAL LAWYER. I don't know the law were you are, but it sounds like your current lawyer does not either. If you go to church talk to your pastor, priest, rabbi. Look in the phone book or online for groups that can get you free help.
Going to WY and taking the kids could result in KIDNAPPING charges. Cross a state line with the kids and the FBI will get involved. At that point you will only see the kids on visiting day.
There is also a chance that Prince Charming will tire of being Dad soon and give them back.
2007-06-18 14:31:33 · answer #2 · answered by Stand-up philosopher. It's good to be the King 7 · 0⤊ 0⤋
Get on a plane and get your children now. I guarantee that his lawyers are drawing up custody papers right now. Call your lawyer and have them do the same. Before you go, call your local police and the police department where your husband lives and tell them the whole story. File a kidnapping complaint. He has every right to kick you off of his property, however, so you may need a police warrant. Since he has not paid child support, called them or seen them in a year, you've got a good case. Don't sit back, lady, these are your kids! Fight like a bobcat backed in a corner!
2007-06-18 14:17:56 · answer #3 · answered by Anonymous · 1⤊ 1⤋
like usual.. get a lawyer, but u can get your kids back. who cares if he said their better of with him, he didnt suffer all that to born them. do whatever u can to get them back. if he doesnt let, do listen to him, he aint the boseof those kids, your the mother go do the right thing and get them back without doing anything illegal.
The assumption in most states if there is no court order is that physical custody goes to the mother. so u have the rights.
2007-06-18 14:19:56 · answer #4 · answered by What 5 · 0⤊ 0⤋
Get a lawyer and file emergency temporary custody papers in Alabama. That is where the children's residence is. If the judge grants your motion then he will have to return them. If he doesn't then, go to Wyoming and get them. You might want to bring a witness with you. The sheriff in Wyoming might come with you if you have a court order but many times they like to stay out of civil matters.
2007-06-18 14:18:07 · answer #5 · answered by Eisbär 7 · 1⤊ 0⤋
The assumption in most states if there is no court order is that physical custody goes to the mother. You need to find a family lawyer immediately.
2007-06-18 14:41:04 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Go at least attept to get your kids! Simple truth is that if there are no papers and his name is on the birth certificate they are as much his as yours BUT it will depend alot on the cop that comes out when you go to get them and the ages of the kids and what they want. Most likely a male police officer will hand the kids over to you. They can do what they want and get away with it! You have to at least try! They would do it for you!
2007-06-18 14:18:29 · answer #7 · answered by christy m 1 · 0⤊ 1⤋
In a lot of states if you have physical custody when you file papers, you usually get the kids. not always. listen to your lawyer go get um.
2007-06-18 14:13:17 · answer #8 · answered by pammysue 4 · 1⤊ 0⤋
Have you bothered to find out what the kids needs and wants are? so many custody battles are about the parents power battles with each other, and less about what is best for the kids...of course you can live without your kids, you are breathing now arent you? seriously, consider first the kids before you think of yourself, put your differences with your ex aside and be honest with yourself, are the kids better off there or with you?
2007-06-18 14:21:19 · answer #9 · answered by Anonymous · 0⤊ 4⤋
Why would you have wasted any time waiting to see what people here will say, GET A LAWYER and divorce the SOB and get your kids back.
2007-06-18 14:13:05 · answer #10 · answered by Anonymous · 2⤊ 0⤋