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Mom took kids away, what can we do?

Laurie - posted on 11/20/2010 ( 2 moms have responded )

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The biol. mother of my two step sons has sole custody of them. However, for the last year and a half, we have shared the time with the boys equally, 50-50. Recently, the biol. mother pulled rank and took the kids over a financial dispute. It was our turn to have the kids for a full week like usual, and she said she would just keep them. (After a few days she claimed it was because the youngest had transition difficulties, and that it would be resolved by keeping them with her. I don't see how a year and a half after this set schedule, the youngest is now having trouble right after our financial dispute). The boys' father, my partner, tried to reason with her and her partner, but had no success. There was so much arguing. They claimed that they will try to sue us for unpaid child support. But I don't think they can do that if we have them half the time. Currently we are waiting to speak to lawyer. Has anyone else gone through this kind of situation? Did you have to go court to deal with it? What did you do?
Thank you!

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2 Comments

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Erica - posted on 11/22/2010

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I agree with Isabel. If you have any proof of the arrangment she "agreed" to then you can try to present it to the court but other that if she has full custody there is not much you can do until you go to court

Isabel - posted on 11/20/2010

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I am sorry for what you are going through. But yes you have to go to court to clear up these type of situations. If you don't have a court ordered child support or court ordered visitation you allow her to call all the shots. If you agreed to 50-50 just though a verbal agreement (outside of court) then it is not legally held up. Meaning she could just take her word back and keep the kids. If you agreed to 50-50 and have court papers to prove that then you could take her to court for contempt of court order (something like that), which could get her in trouble for not following the orders of the court. However, if she does have full custody and your partner has little or no visitation you would have to go to court and fight for his rights to his children. You almost always have to go to court, it's the only way to protect both parents and children's rights. If he hasn't been paying court ordered child support, then it is possible that he might get in trouble (consult lawyer). If there hasn't been any child support order then start one. It is always good to have that as a safety measure. But as I have said the only way to really work this out and make sure that you are able to see the boys when you have a right to, is to go to court and fight for visitation (or joint custody) or (if you already have one or both of those) fight to make sure the biological mother follows those orders.

NOTE: I am just telling you what I know from my experience with fighting for my husband's right's to his son (my stepson). I am not a lawyer and don't know how the laws might differ in your home state. Always consult a lawyer and he/she can set you in the right path. Also remember to always get it in writing (mainly from a court) that way your partner's rights are always protected.

I hope this was helpful. :)
Good Luck!

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