Child Custody

Jasmine - posted on 07/10/2011 ( 7 moms have responded )

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So i have two children. Gwen 5 and Elizabeth 2. My exhusband has custody of them and all i can do is talk to them. I want them back and am wondering if there is any possible way i can do that. He doesnt want them. he just doesnt want to have to pay child support. Does anybody know if i have anyway of seeing them or getting them back?

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Bri - posted on 07/14/2011

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there is a great community for Non-Custodial Mommies....it helps for specific questions ..

Jodi - posted on 07/14/2011

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Wow, ok. Lesson learned I guess. Never sign anything you haven't read thoroughly and understood..... :\ A hard lesson too, unfortunately.

You absolutely CAN get visitation, your lawyer can help you file for that. With respect to custody, I can't really say because I don't know your circumstances. In my country (Australia), you would be entitled to at least 50/50 unless he can prove that this is not appropriate for some reason. However, from what I gather, the US is very different. Definitely talk to your lawyer.

And don't sign ANYTHING else until your lawyer has read it, you have read it and asked your lawyer all the questions, and so on.

Jasmine - posted on 07/14/2011

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he got custody because i didnt know about the parenting plan. i had no idea that was in the divorce papers when i signed them. i am trying to get a lawyer

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Christina - posted on 07/14/2011

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Um, go to court. Do you have a court ordered custody agreement? Because legally, unless you've done something, he can't keep the kids from you. If you already have custody established in the courts, then call the cops and request and escort to pick your kids up for your scheduled visitation. If you don't have a court order, go to court and file for emergency custody based on the fact that he is holding your kids and refusing you access.

Britt - posted on 07/14/2011

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I would first call your local county for help. There is a helpline that can assist you with some phone number for free legal aide.
Call those free pro bono attrnys (based off your income) do the intake app by phone or there is usually walk ins in our local county- hopefully you can get represented. tell them all your issues and from now on get a log book and log everything down time and date and incident.
If your ex doesnt just want to pay child support that is really a poor excuse ( really to me it is)
You didnt' give a lot of info. Have you seen the children consistantly? On a schedule? When is the last time you saw them and for how long?

An Attrny can get you your children but have to play an active role in their life for some time. If its agreed upon thats one thing...but the courts are going to try to see who is the better parent for the kids stable housing , stable income etc...
Wish you the best!

[deleted account]

Immediately (in my head), I was asking the same questions as Jodi. Those are important things for us to know before we can give any quality advice...

Jodi - posted on 07/10/2011

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Do you have a lawyer? And why does your ex husband have custody? How did that happen? Did the court award him custody? And if so, why don't you have visitation?

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