Notarized Custody Paper

[nikphd]

Hello, I live In PA.
My 2 children are ages 15 & 11. I had primary physical custody (court ordered)of them both until 2 years ago when the father and i mutually and civily agreed they live with him. He drew up a paper that we both signed and had notarized.(That paper didnt go to the courts) I am looking at trying to get my kids back and need to know how much of a standing this paper has..and what I should do next.

 

[Duranie]

The kids have been with their dad now for 2 years so it is going to be a little hard for you to get them back, unless you can prove it is in their best interest. the 15 yr old is old enough to basically decide where they want to live.

Although it sounds like custody never went legally back to Dad, it would be awkward for you to just go pick up the kids and uproot them after this time. how far away do you live from Dad?

You might have to file in court to get the kids back, but of course Dad can fight this.

 

[nikphd]

I understand the 15 year old will have her say where she's like to be. She has stated she's ok there and doesnt want to move.
The 11 year old on the other hand, since in her dad's care has been seeing a pschologist 2 separate times. First time, because stepmom said she was bipolar (shes not a doctor). Second time, because last week a teacher sent her to the office because she had cut marks all over her arm. (It was confirmed they were a week old, and it took a teacher to see it and not dad or stepmom). With both doctors, she's afraid to open up when dad and stepmom are there because of repercussions when they get home. She's made out to be a liar with everything. I dont see this pschologist helping, because it didnt help the first time. Simply because she's sent right back to the environment that started this. Prior to this, she has stated she wants to be with me, dad knows this. And also prior to this, dad and I agreed she's move back after this school year. Now all of a sudden he's changed his mind and says now I have to fight for her.

 

[presutin]

Your husband is probably right. You cannot just give up custody of your kids for two years and change your mind. You, as a parent, should have thought out your decision and the impact it would have on your children. Good luck in court - you will need it since the burden of proof has now fallen on you and hopefully the issues now coming out with the younger one can be worked out in family therapy!

 

[nikphd]

I appreciate your reply. But this man, everytime he doesnt get his way, or im not kissing his ass, he runs to the courts. Then retracts the petition soon after. He has always said even when i had them, he'd go for custody because maybe he didnt like who I was with, or where i was living. This has been a constant headache. And I know, I am half to blame here. I didnt "give away" my kids. My oldest has claimed for awhile she wanted to live with dad. And that was okay, but what was good for her, I shouldnt have assumed was also good for my 11 year old. I just think its quite convenient when he wants things done civily its ok. But I guess now he's got me where he always intended to have me. And Im a sucker for trying to keep things civil for the kids sake.