How can my soon to be ex brother in law take the kids when there is no custody agreement yet?

Jessica - posted on 10/26/2012 ( 9 moms have responded )

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Tonight my soon to be ex brother in law took my nieces away from my sister. He had the cops with him. She was given a paper that she refused to take because she has not been served anything. She was told by her attorney that he has already filed before she did. There was another file attached that she could not open. So she told my sister to not give him the kids. She did what he attorney said. Through this whole process she has been letting him have them every other weekend. They are the ages of 1 and 2 months old. We are in Ohio so I don't know the laws. But he was able to take them when they have to custody agreement right now. And her attorney says he will try to keep them for good.can he take them and can he keep the little one which is under 6 months old over night. She was told no he could not keep her over night.

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Jodi - posted on 10/27/2012

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Lady? I ask a question in order to understand the situation better and I get called lady? I have a name, just in case you missed that. Rude, much?



You also STILL have not answered what was in the paper. That's kind of important here, because it IS relevant.

Jodi - posted on 10/27/2012

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Are you sure the paper she refused to take isn't the orders? I'm thinking that if the police were involved, he must have a temporary custody order. And if the attorney knows he has filed, then it sounds like the attorney has seen the filing, so that is considered served (if the attorney has it).



All I can suggest is that your SIL needs to talk to her attorney and have her attorney sort it out.

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Anne - posted on 10/28/2012

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All I know is if someone is going to make a post and ask for help, dont get mad at people when they ask questions to try to understand the situation better! Jodi was and is only trying to help, as i am sure too that you have not gave all the details.



And from my personal experience I had a officer come to where my ex lived when i decided to not let the kid stay there due to personal reasons and b/c I was sole caregiver and the father only saw our son on the wkend the officer said I had right to take him. and we did not have a court agreement or order.



So did either parent have the child more then the other?

Jessica - posted on 10/27/2012

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It's 2 nights lady. And the problem is they haven't agreed on a visitation right she hasn't been served anything and there isn't anything about custody. I understand he has the rights to see them. I know he can also keep them without a custody etc. he can also not give visitation if there is no agreement.but some how he is able to take them until 6 and we are not sure he will even give them back. He is an abusive father. This is his 3 rd divorce. He has laid a hand on my sister. He is not good with children he lets his step parents raise them.

Jodi - posted on 10/27/2012

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So if your uncles read the paper, what was it?



And if the children are coming back at 6, what is the problem? You didn't say in your initial post that it was just a single overnight visit. I was under the impression he came and took them permanently. They are his kids too, he also has a right to visit with them. I'm confused as to the issue. If there is no custody agreement, she doesn't have sole custody rights either. Neither of them do, and they both have a right to time with the kids. Unless she is breastfeeding?

Jessica - posted on 10/27/2012

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My uncles read the paper. She wasn't getting served. She refused to take the little paper becaus she did not want to agree with it with out speaking to her attorney. She is suppose to get them back. It is just visitation. But if they haven't agreed on anything on visitation or anything how come she has to wait till 6 to get them. It was from his attorney her attorney was not aware. Her attorney does not know yet what was filed because she has not been served

Anne - posted on 10/27/2012

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If a cop came and he took the kids then obviously he can take them and it is legal. But at the same time she can too...if there is no legal court ordered agreement, then neither parent is kidnapping and she can do the same. She can call the police and have a officer there w/her so she can take the kids. Hope that helps....I have had to go through this. But I live in a different state so call the police station and try to figure out the law there.

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