I temporarily let my mother n law have my children and she is refusing to let me have any contact with them. Is there anything I can do? Can the court locate them if I'm not sure where they are living? Should I go ahead and file for custody and divorce before having the my children? Especially, if I can't find where they live?
2007-06-28 11:06:48 · 13 answers · asked by sweets29rc 1 in Family & Relationships ➔ Marriage & Divorce
Legally she can't, but people do strange sh!t all the time. I would file missing person reports. and then file custody and divorce papers.
2007-06-28 11:14:51 · answer #1 · answered by nwnativeprincess 6 · 1⤊ 0⤋
If you mother in law and you do not have a legal agreement of the temporary legal custody (and all this arrangements will be written in the legal paper work and ordered by the judge), then NO, she can not do this. You have to settle these kinds of custody's, wether they are temporary or permanent threw the courts to avoid delemas as such. Some people exort their powers in wrong unethical ways.
If you can not find where they are then file a child conceliation, if you can not file for kidnapping on your mother in law, (cause that is what it is) and then she will be forced to not do this again.
Yes, file before you get the kids because this gives you some power as a mother and for you to be in there life. They need you and you do not know what the mother in law is saying to them. I know to many situations like yours and the mother in law is most of the time telling kids there mommy doesnt want them that is why she doesnt visit. This is damaging to the kids. So better start thinking about them and begin getting some professional counseling and parenting classes because you will need them to help you in your case and life. Good luck.
2007-06-28 18:14:48 · answer #2 · answered by beachgirl90 7 · 1⤊ 0⤋
WOW _ Immediately call the Family court in your area and ask them what you need to do. I am not sure how much assistance various states give on locating people - that is another question you should ask the Family court.
If your mother in law owns property verses renting, start going state by state and looking for property records. You might be able to find her that way.
I would also call your local authorities (Police / Sheriff) and ask them if you can file a kidnapping charge.
If you talk to your mother-in-law again I would threaten her you are going to charge her with kidnapping.
2007-06-28 18:17:24 · answer #3 · answered by The It Girl ∆☻乐 5 · 0⤊ 0⤋
You definitely need a lawyer. The custody battle always takes place in the state that the children are located. Being the mom, you will have an advantage in the case but your reason for being away from your kids for however long will also be critical.
Good luck.
2007-06-28 18:13:07 · answer #4 · answered by touhuni 2 · 1⤊ 0⤋
If you did not file legal papers, then it is kidnapping. Call the police and let them deal with her. If you file for divorce make sure you let the lawyer know if your spouse knows where she is but won't tell. She can't legally keep your kids. Even if legal papers were filed, you still would have visitation rights and she doesn't have the right to tell you that you can't see your own kids.
2007-06-28 18:23:24 · answer #5 · answered by eharrah1 5 · 0⤊ 0⤋
Unless a court has denied you custody, for cause;-{
that is, you were convicted of abuse, or jailed for drugs;
your mother-in-law has no legal claim to the children.
You (& your husband) have to agree about custody.
If you're separating or divorcing, go to Family Court.
You need the court to set up a custody order.
If they allow the m-in-L to have temporary custody,
with the agreement of you & their father,
it will stipulate both your visiting rights.
They cannot be taken out of State, without notice.
You would have to agree, in order to visit them.
2007-06-28 18:19:05 · answer #6 · answered by Robert S 7 · 0⤊ 0⤋
File a police report for kidnapping. The court doesn't locate missing children, the police do.
Why would you let her have them in the first place? Are you a fit mother? Are they better off with you?
2007-06-28 18:12:39 · answer #7 · answered by Automation Wizard 6 · 2⤊ 0⤋
Courts probably won't do anything. However, the police will. The only thing is that to do this, you basically have to file a kidnapping case against your mother in law.
2007-06-28 18:10:31 · answer #8 · answered by Scott D 5 · 3⤊ 0⤋
if there are no legal documents giving her custody of your children. she has no legal right to keep them. it is actually up to you to try to find them. and yes you should go ahead and file for custody and divorce so when you go to court you have a legal documentation.
here are some links for you to check out:
www.legalmatch.com
http://www.legalhelprightnow.org/divorce-childcustody-legalhelp/
2007-06-28 18:17:47 · answer #9 · answered by Mz Honey 3 · 0⤊ 0⤋
WOW...If your kids are in your legal custody...no she cannot do this. You need to call the police pronto...IF you do not have custody of your kids...and she does..then no...there is not much you can do, unless you have visitation rights...if she doesnt have custody...she still cant do that...you need to contact the authorities either way...to find out what your options are...
2007-06-28 18:11:12 · answer #10 · answered by sharpie0668 2 · 2⤊ 0⤋