faith45
- Thread Starter faith45
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CdwJava
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Who has a court determined has primary physical and/or legal custody? Do you have any rights to the children at all?
If he has not seen or cared for the children and has apparently "abandoned" them, then you may want to obtain legal counsel and return to Family Court to seek custody ... assuming you are not otherwise prohibited.
Parental Rights: Response to Reply
No, I am not prohibited! Im not a deadbeat mother! This whole change in custody is recent and unfounded. The father was given primary physical custody in 7/2014, due to my absence at a review hearing to increase his visitation. My car broke down on the way to court and I live in a rural neighboring town so despite my best efforts, I was unable to get there on time. We still have joint legal custody. Directly after that hearing, I requested an ex parte order, but temps were denied based on lack of abuse directly afflicting the children. Since, I have petitioned the court for another hearing to modify the current order...the father did not show up at the first hearing and the judge put our case on the following trac calendar without modifying anything. The father and I came to an agreement in the meantime and both were to show at the next court date to present our custody agreement to the judge to have it made an order. He called me the night before the hearing said he couldnt make it and asked if we could request another date to make our agreement final. Reluctantly, I agreed. I now know that this was a mistake. Since, Ive been unable to contact him by phone or through relative nor the internet. I have been to his cousin's where my children are and his wife refuses to give me any information or let me see my children! This is ridiculous and beyond belief since Ive been their sole parent throughout their lives. I have checked for any changes in the case and although she claims she has filed for guardianship, I cannot find proof that she has. This woman has no legal right to withhold them from me and their father is MIA again, as he has been the past eight years. Now, do I have the right to go get my children?
No, I am not prohibited! Im not a deadbeat mother! This whole change in custody is recent and unfounded. The father was given primary physical custody in 7/2014, due to my absence at a review hearing to increase his visitation. My car broke down on the way to court and I live in a rural neighboring town so despite my best efforts, I was unable to get there on time. We still have joint legal custody. Directly after that hearing, I requested an ex parte order, but temps were denied based on lack of abuse directly afflicting the children. Since, I have petitioned the court for another hearing to modify the current order...the father did not show up at the first hearing and the judge put our case on the following trac calendar without modifying anything. The father and I came to an agreement in the meantime and both were to show at the next court date to present our custody agreement to the judge to have it made an order. He called me the night before the hearing said he couldnt make it and asked if we could request another date to make our agreement final. Reluctantly, I agreed. I now know that this was a mistake. Since, Ive been unable to contact him by phone or through relative nor the internet. I have been to his cousin's where my children are and his wife refuses to give me any information or let me see my children! This is ridiculous and beyond belief since Ive been their sole parent throughout their lives. I have checked for any changes in the case and although she claims she has filed for guardianship, I cannot find proof that she has. This woman has no legal right to withhold them from me and their father is MIA again, as he has been the past eight years. Now, do I have the right to go get my children?
CdwJava
Moderator
If dad has sole physical custody as ordered by the court, NO, you CANNOT just go and pick them up. (Unless, of course, it is your court-ordered visitation day, and then you must return them when that time is up.)
As I mentioned, hire legal counsel (or try and do it yourself) and return to court with a new petition. But, so long as the previous order is in effect you are bound by the conditions indicated within.
As I mentioned, hire legal counsel (or try and do it yourself) and return to court with a new petition. But, so long as the previous order is in effect you are bound by the conditions indicated within.
shrinkmaster
Well-Known Member
At this point you cannot do anything other than your court approved visitation. You need to follow through with your court request and not worry about this guardianship issue for now. As stated above you should seek advice from a local Attorney familiar with Family law and your local courts. Many offer free consultations so even if you cannot affor done you can at least have a conversation and get info and guidance.
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