i left my 2 kids father 3 years ago who was very abusive verbally and physicaly in front of my kids.i've remarried then and i left the state because he had been fighting me in court since i got married to be with the kids.whenever he would get the kids on weekends they would call me and say they were alone,and he would be having a party in the livingroom while they had to stay in the room.i could not take it anymore and left out of fear for my kids wellbeing.with that being said its been a few years.when i first left he went back to court to get a kidnapping charge put on me but he was told that i had physical custody so they could not charge me with kidnapping since i was the custodial parent.but the problem now is i spoke to my mother who lives around the corner from him,and she told me that he was awarded full custody without me even being there,can this happen just by him going to court saying he has not seen his kids? will they do that? how can i find this out?
2007-07-07 11:52:41 · 7 answers · asked by healthnut05 1 in Family & Relationships ➔ Marriage & Divorce
You fled with the kids - dependng on the state you are in, if he didn't have your address, and proved to the court he did due dilligence trying to locate you, a notice could have been put in the paper about the court date.
Yes, a court will grant emergency full custody to a parent if they show the court the other parent is willfully keeping the kids from them when there is no court order prohibiting, or limiting access to the children.
If you were concerned about their safety, then you should have taken the proper legal steps to change visitation to supervised, not just taken off. If he has never physically abused the children, he has a right to be with them...having to stay in a room during his time with them, is not considered in the court's eyes, abuse.
You can contact the court clerk and see if there is a case on file against you and go there and get a copy of the order.
From now on, don't take matters into your own hands, use attorneys and the courts when it comes to custody & visitation with your children.
2007-07-07 12:11:32 · answer #1 · answered by allrightythen 7 · 0⤊ 0⤋
First stay put and contact a local attorney to find out for sure. You should have been served due process of the law via your mother if they couldnt find you, which would work in your favor. The reason for the attorney is not only for the custody issue but if federal felony kidnapping to avoid custody battle have been issued. Whatever you do cooperate fully with the law to avoid making any possible situation here worse. Personally I dont think anything has happened here and this just might be a trapto get you back into "his" court on his playing ground, but then lately Ive been told of some very strange things happening in the courts that was unheard of before and defy allknown court proceedures so it best to be prepared. Good luck
2007-07-07 12:18:03 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
call the court house that the paperwork was filed in.
You need to get an emergency hearing. This usally does not happen but it can.
1) If he did file paperwork, call the court house to find out.
2) If anything was filed and there was a court date there should have been something mailed to your house
3) Call the department of health and child services in your area to see what you can and can not do
4) request that if he does have any contacts with the kids that it is not overnight and it is supervised
5) GET A LAWYER ASAP
Good Luck
2007-07-07 12:00:44 · answer #3 · answered by justwondering 3 · 0⤊ 0⤋
i think the court has to notify you of a hearing.. but if they didn't have an address, perhaps this was possible.
your ex sounds like a very bad parent and influence on children.
i would consult an attorney right away. he or she could find out what is going on by checking with the courts in your ex's area.
i sure hope this works out. hugs
2007-07-07 12:02:45 · answer #4 · answered by letterstoheather 7 · 0⤊ 0⤋
They would have had to contacted you to let you know and if this was the case, someone would have been around to take the children from you. No, I suggest that you go to your lawyer quickly and get an injunction against him and get it sorted out again properly.
2007-07-07 12:04:47 · answer #5 · answered by rockandrollrev 7 · 0⤊ 0⤋
i was awarded the honor of terminating my exs parental rights because he didnt show up for court...yes, it is easily done if you arent there
2007-07-07 13:40:13 · answer #6 · answered by poodle mom 6 · 0⤊ 0⤋
Did you receive any papers on this?? Get a hold of your lawyer and get to the bottom of this.
2007-07-07 12:20:20 · answer #7 · answered by kim t 7 · 0⤊ 0⤋