Can their dad keep them from me

[sduran]

My girls is dad took them. An now he wont let me talk to them or see them. I have found out that they dont even live with him. What can I do to get them back home.

 

[Proserpina]

Is Dad legally Dad?

How did he take them? When?

Are there any current custody/visitation orders?

 

[sduran]

I let him have them 4 two weeks so he could spend time with them. Now they are living with his mom. He is biologicly the dad of my oldest. But he refuses a dna test 4 my youngest.

 

[Proserpina]

I need to know if he's legally Dad - being biological Dad doesn't necessarily mean that he's legally Dad.

Also, are there any court orders relating to custody?

 

[sduran]

what do you mean by leagl dad ant no there is not custody orders in place.

 

[Proserpina]

Were you married to Dad when you had the kids?

 

[sduran]

yes I was but since the girls are not living with him how can he keep them from me

 

[Proserpina]

Because without custody and visitation orders, he has every right to keep the kids.


So, you need to get to court and file for custody.

 

[PQN2]

yes I was but since the girls are not living with him how can he keep them from me

If there are no orders to the contrary (especially since they are not even living with him), go pick up your children.

 

[Proserpina]

If there are no orders to the contrary (especially since they are not even living with him), go pick up your children.

Provided Dad allows it if he's present....

... because without court orders and because they were married, Dad has equal rights to custody as Mom.


Of course as a practical matter this could go on forever - one parent takes 'em, the other picks 'em up with the other parent isn't home, etc., etc., ad nauseum.

One of 'em needs to file for custody immediately so that can't happen.

 

[sduran]

I have filed for custody but everytime I go to court I never get to see a judge just a court filisator

 

[sduran]

I have aslo tried to go get my kids an every one says that I cant do anything because hes mom dose not want me to have them So do I have to just wait.

 

[Proserpina]

I have filed for custody but everytime I go to court I never get to see a judge just a court filisator

So what happens once you file (correctly of course - right?)?

Have you met with the facilitator? what happened?

 

[army judge]

My girls is dad took them. An now he wont let me talk to them or see them. I have found out that they dont even live with him. What can I do to get them back home.

How long were you married?
Where were you married?
When were you divorced?
Where were you divorced?
What did the divorce decree say about children, custody, child support?
Do the children have the same last name as the putative father?

 

[sduran]

The filactor said that they do not have juricition An my divorce says nothing about the girls. An yes they have the same last name as their dad. But if their not liveing with him why cant I get them back

 

[Proserpina]

You've been told that you can go and get them...but if Dad puts up a stink (if he's actually present), be prepared to come away without them.

He has equal rights in terms of custody since both children are products of the marriage.

What reason was given that the court had no jurisdiction?

 

[army judge]

The filactor said that they do not have juricition An my divorce says nothing about the girls. An yes they have the same last name as their dad. But if their not liveing with him why cant I get them back

I don't understand how you got a divorce without any mention of children.
We enjoy helping people here.
That is why we do this.
But, you must be honest with us, otherwise it invalidates our advice.
You're leaving something out of this.

Why would you get a divorce and not seek child support?
Why would a divorce fail to address custody?

 

[Proserpina]

I don't understand how you got a divorce without any mention of children.
We enjoy helping people here.
That is why we do this.
But, you must be honest with us, otherwise it invalidates our advice.
You're leaving something out of this.

Why would you get a divorce and not seek child support?
Why would a divorce fail to address custody?

Unfortunately it's all too common for a divorce to be excessively simplified and hence separate proceedings may be required when dealing with child custody and visitation.

 

[army judge]

Unfortunately it's all too common for a divorce to be excessively simplified and hence separate proceedings may be required when dealing with child custody and visitation.

That might be fraud.
That could invalidate the alleged divorce.
You must reveal if there were issue of the marriage.
If you conceal the existence of children to get a quicker divorce, the divorce is obtained under fraud.
Something is missing.

 

[CdwJava]

I agree - something is missing. Even the simplified forms available at the Colorado State Judicial website differentiates between divorces with kids and without.

So, sduran, were you and the dad LEGALLY married? In other words, was there a marriage certificate filed with the county where you were wed?

If you were legally married, were you LEGALLY divorced? In other words, is there a court order dissolving the marriage filed with the county? If you were divorced, it is almost certain that the children would have been addressed in the paperwork.

As for the court facilitator, how does he or she not have jurisdiction if the court is sending you there? What, exactly, are you being told?