2 years ago i was in an abusive relationship and asked my parents for help with my kids. My kids moved in with them and I signed a contract with my parents and we had it notorized at our bank that i give temporary guardianship to them. I have since got myself back on my feet and even married an amazing man and have a great job. Well my parents keep giving me all these stipulations in order for them to give my kids back. I have a stable home and safe enviroment for them. I do pay child support for my kids because they are on state insurance. But my parents never went through the courts for legal custody of my kids. Can I just go get my boys and bring them home where they belong? My parents even moved 7 1/2 hours away from me making it more difficult to see them. My husband and i have come to the agreement that they just dont want the kids to come back and thats not fair. I am their mother and I am able to provide for them and take care of them the way they should. I want my family together again but my parents are making it damn near impossible!
Do my parents have the right to keep my children if we never went through court?
- Thread Starter ktenboer
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CdwJava
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Why are you paying "child support"? Is this as a result of a court order, or are you voluntarily shipping off money to your parents each month?
If you are truly capable of providing for the children without the previous drama, then go to your parents and pick up the kids. If they do not want to turn the kids over, then call the police to stand by during the exchange.
Are both of you in Illinois? If they are 7 1/2 hours from you, are you each located at opposite corners of the state? California is a huge state and I could reach San Diego from where I live north of Sacramento in 7 1/2 hours, and that is a greater distance than the length of Illinois, I believe. If the two of you are in different states, this could present some additional issues.
If you are truly capable of providing for the children without the previous drama, then go to your parents and pick up the kids. If they do not want to turn the kids over, then call the police to stand by during the exchange.
Are both of you in Illinois? If they are 7 1/2 hours from you, are you each located at opposite corners of the state? California is a huge state and I could reach San Diego from where I live north of Sacramento in 7 1/2 hours, and that is a greater distance than the length of Illinois, I believe. If the two of you are in different states, this could present some additional issues.
It does not sound like your parents have any court ordered custody, so you should be able to legally pick up the kids. Is your child support court ordered? Have your kids even met your husband? I am not so sure having your kids share a home with a man they do not even know is a good idea either.
yes my kids know my husband. He has been in their life for almost 2 years now. He has a great relationship with my kids. I was court ordered to pay child support because my parents put my kids on state insurance which autmaticaly got the Child Support Recovery Unit involved. In the child support orders my mother is stated as the CARETAKER not the guardian of the kids. My husband and I have a plan to go get my children but now we worry whether my parents can call in an amber alert on us and get us arrested for taking my kids back where they belong
yes we both live in ilinois. I am in the northern part and they are in the southern part. I pay child support because my parents put my kids on state insurance so that got the CSRU involved. On the court orders my mother is refered to being the CARETAKER. We never went through court for them to gain custody of my kids.
CdwJava
Moderator
I wouldn't spirit the kids away from school or daycare or anything like that as it just might result in a reported kidnapping or an Amber Alert. You might want to contact the local police department before you show up at your parents' doorstep and ask that they stand by to keep the peace while you are there. That way, they will know what it is up and there might be consequences if your mom and dad refuse to turn the children back over to you.
If the children have been with your parents for 2 years, the police might be reluctant to FORCE your parents to turn them over should they refuse. So, if this fails, you might have to go to court to obtain a court order compelling them to be returned to you. I am not certain of the law in your state so there may be something about the time frame they are in another's primary custody that might grant those caretaker's certain rights, I just do not know. It might not hurt to consult an attorney, either.
If the children have been with your parents for 2 years, the police might be reluctant to FORCE your parents to turn them over should they refuse. So, if this fails, you might have to go to court to obtain a court order compelling them to be returned to you. I am not certain of the law in your state so there may be something about the time frame they are in another's primary custody that might grant those caretaker's certain rights, I just do not know. It might not hurt to consult an attorney, either.
i have already set up daycare and preschool where i live for the children effective immediately. I have already contacted the pedatrician they had while they were in my care and she said she will take them back as patients. i have insurance set up for them upon them coming back to my household. i have all my affairs in order for my children to come back and have the same exact life here that they have with my parents down south except i wil be raising them the way it should be contrary to what my mother believes. in her eyes i will neve be good enoughto raise my children. i do not know why she believes this but my kis deserve to be with their mother. the father of the children who is in the military is in full support of the children coming back to me. and even stated that if the boys were not back with me when he got back from iraq then he is going to petition for the children to be with him. He wants my kids with me and we have our own agreement that we are going to set up in court legally for visitation with the kids. the only problem is my mother saying that the children are not ready to be with me.
CdwJava
Moderator
Your mother will eventually have to go to court to seek an order to keep them if she wishes to do so. Obviously there had been some problems or you never would have given the kids to your parents to raise for a couple of years. These past transgressions have a way of coming back to bite you, so be careful.
Like I suggested, you might want to consult an attorney first just to make sure there are no surprises. When you go to pick the kids up, make sure the police go with you to help keep the peace. And if you have already consulted that attorney, be ready to go to court almost immediately should your mom and dad refuse to give them up and the police do not compel the children to be released to you.
Like I suggested, you might want to consult an attorney first just to make sure there are no surprises. When you go to pick the kids up, make sure the police go with you to help keep the peace. And if you have already consulted that attorney, be ready to go to court almost immediately should your mom and dad refuse to give them up and the police do not compel the children to be released to you.
i was in an abusive relationtionship 2 years ago. that is bow my children ended up with my parents. I left the relationship did couseling to get myself back into the right state of mind and stable for my children. I have been trying to get my kids back for over a years now and my mother efuses. so its not like i havent tried to get them back for 2 years. I have and my mother is a master manipupulater because she thinks i am not that smart and she has the almost masters n criminal justice that icant figure out what my legal rights are except what she tells me they are. well i had enough and now i am going to go get my children back and raise them in my home not in my parents home and no by them.
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