QUESTION
Can I stop my girlfriend from taking our kids? How?
Asked on Apr 24th, 2015 on Child Custody - Wisconsin
More details to this question:
My girlfriend left me last month. She is saying that she's going to keep our two kids, age 8 months and 2. She says she is going to keep them and take them to live with her family in Hayward and they are leaving next week. They are my kids too and I have always been in their lives. Can she just take them by herself like this?
10 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Unless a court has made you the legal father, you have no rights until you file an action to make you the legal father. Which action depends on whether you are on the birth certificates or not. You can file and then get an emergency order to keep the kids here. If you don't file before they are in Hayward, you can still file and establish your rights but the court will not bring them back from Hayward.
Answered on Apr 30th, 2015 at 3:08 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file a legal action immediately to prevent her from moving. If you have already been established as the biological father, then you should be able to stop her relatively easily. If you have not already been established as the biological father, then you need to do that first. You need to consult with an attorney immediately.
Answered on Apr 27th, 2015 at 9:19 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You need to immediately fie for custody and get an emergency hearing with the court to stop her from leaving. The court may grant you temporary custody until there is a final hearing.
Answered on Apr 27th, 2015 at 7:33 AM
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You need to file to establish paternity and sea with custody and visitation. You may be able to get an order preventing her from moving. Consult with an experienced family law attorney right
Answered on Apr 27th, 2015 at 7:00 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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If you fail to be in court Monday, with a lawyer, to stop her from taking the children - say goodbye to your children. Otherwise, absent current court orders she may freely move away with your children. When you are dealing with children in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important.
Answered on Apr 27th, 2015 at 7:00 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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She is obliged by law to give you some formal notice and the opportunity to object. I strongly suggest you retain an experienced family law attorney right away. He or she may be able to file a motion to restrain her from moving the children more than 150 miles away, pending a hearing where the criteriaalthough in different wordswill center on the children's best interests.
Answered on Apr 24th, 2015 at 10:06 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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File a Petition to Establish a Parental Relationship and Emergency Request for Custody orders to prevent her from moving pending a determination of whether or not that is in the best interests of the children. You should strongly consider hiring an attorney to help you.
Answered on Apr 24th, 2015 at 9:46 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need to file a paternity action in the Court to name you the biological father and to ask the Court to grant you custody or parenting time or whatever you want and asking that the child not be allowed to be removed from the jurisdiction.
Answered on Apr 24th, 2015 at 9:44 AM
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She can do so. You should file a Petition for Custody immediately and requests that the court issue a temporary restraining order prohibiting from removing the children form the jurisdiction of the court.
Answered on Apr 24th, 2015 at 8:32 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Do you have a court order? Are you adjudicated the father? If you do have an order or if you are on the birth certificate, you can file a motion to confirm paternity and set custody/placement terms. If you don't have either, she can move where ever she wants. If there is no court order, she legally has sole custody and placement. You need to file a motion to establish paternity
Answered on Apr 24th, 2015 at 8:07 AM