a huge miscarriage of justice! Custody case in MD

Tmorris - posted on 11/15/2013 ( 6 moms have responded )

5

0

0

I lost custody of my 4.children because I moved to California. I did not have a lawyer and the case went south.My children dad was not involved in his life but he came to court with his mom and they lied. They also didn't have proper living space for the children. I stressed this all but got shot down. the order was reached in April2013 for the kids to be returned to Maryland. For months their father made excuses about getting them and just came out the blue n took the children. I filed for the case to be reopened and it has been. We have been living in California for almost two years and their father never called them or wrote them. He also owed over 15000.00 in back child support. I was in disbelief that they would remove kids from a mother that had always fare for them and give them to a father that never provided for them. I am married and have a large home where they had their own rooms and their father lives with his mother in a two bedroom condo. The judge said because the children were born in Columbia,md n had family here than they shouli be returned. I need help to get my babies back so please give me any information

MOST HELPFUL POSTS

Ev - posted on 11/15/2013

8,003

7

918

Do did you look at your custody orders prior to moving to be sure that you could do this move? Did you move because of a job or your husbands work? Did you bother to send word to the court about this move or inform the father? Did you have full custody or joint custody? Because those things I just asked do make a difference in what happens when trying to move kids out of state without permission from the other parent and the court unless it is strictly full custody and you can move because the judge said so. Also, from stories I have been told about cases in other states, no parent can take the kids out of state without permission from the other parent and the court to move. Also to do so there has to be a certain criteria that has to be met for reason of moving. Even a non-custodial parent has rights when it comes to their kids and if the move prevents them from having any kind of relationship with their kids or the amount of visitation they are supposed to have, the judge will most times not allow the kids to move. If you answered no to the first questions about looking at your former custody orders and informing the judge and other parent of this move, then you violated that custody agreement and therefore you were out of line. To a judge it could have looked like you were moving the kids so they could not have full advantage of their visitation with their father. I wish you luck in this. I do not know how to work it out to make it better for you.

6 Comments

View replies by

Tmorris - posted on 11/16/2013

5

0

0

Yes its been almost two years now but I will pray n keep focus I know my babies will be home soon

Ev - posted on 11/16/2013

8,003

7

918

You are welcome and I wish you luck because it sounds like a long road to go down.

Tmorris - posted on 11/16/2013

5

0

0

No it was two different judges.I plan to get a lawyer because all my kids live I've been their primary care giver n never been away from them. I told their father about my move well in aadvance I showed proof we made several trips looking for a home n my Acceptence letter into law school. I will keep pressing forward . I believe their dad should get visitation summers n hoildays n etc. I would like my rights restored but thanks for your help

Ev - posted on 11/16/2013

8,003

7

918

I don't know what else to say but the judge that he had for his filed modification of the custody did not see it this way. When you say you did all the steps did you also include the judge who had oversaw this case as well. Did you file it? Because the judge he had for the modification did not seem to think it was done the right way or some such thing. All I can say is that you need to go to court and sort this out. That is the best you are going to get from me here. I am not a lawyer in the state this is taking place in and that is what you need is a lawyer in the state you got custody of the kids in because I assume this is where the modification took place. Only then are you going to know your options as to how to work this out. My kids once told me that their dad and one step mom were considering a move to a bordering state. He never told me. Lucky for me they did not move and try to take the kids with them as he had primary care in joint custody. And believe me, if he had moved without my knowledge and taking it to the judge for permission and my agreement, I would have had him back in court for modification of custody. Because where they were moving would have interfered with my ability to see my kids in reasonable limits of the visitation. So that may be why he did that, because CA and MD are very far apart.

Tmorris - posted on 11/16/2013

5

0

0

Yes there was nothing preventing me from moving in fact we had a hearing before we left where the father tried to stop from moving and it was denied and we were allowed to move. He than filed for custody modification after we moved n won some months later. The father n his family was made aware as this moved was planned for almost two years prior. I did everything correct I gave them address phone numbers schools n everything. Let me back up and say that the father n I had a violent relationship as he beat me for years during the relaationship so he refused to talk to me n never said we couldn't leave he said oh Thats good n nothing else. Than went n hire a lawyer n i was shock because I never stopped hik from seeing the children even during all the fights n pain inflicted on me

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms