QUESTION
Do I have a legal right to take my kids back?
Asked on Sep 09th, 2013 on Child Custody - Indiana
More details to this question:
My ex-wife and I have joint custody of our kids with me being the primary custodian. I let 2 of my kids live with her and 1 lives with me. We agreed on a child support amount out of court.
3 ANSWERS
Chapter 7 Bankruptcy Attorney serving Salt Lake City, UT
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Linda D. Smith, P.C.
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This question is impossible to answer without reviewing the Court's order. Sorry.
Answered on Sep 12th, 2013 at 10:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, but given that you have let them live with her, chances are the court will say that is the new agreement.
Answered on Sep 10th, 2013 at 11:13 AM
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Difficult question to answer. When there has actually been a physical change in custody, a court order can be granted that is retroactive to the date that the change took place. So if you took the kids back, their mother would have a legitimate argument to make to the court that she should be made physical custodian as of the date that the physical change took place. On the other hand, at this moment, no such order exists that would prevent you from taking them back now. So it is really a balancing test, is she likely to go back to court? If she does, and after much posturing among everyone, the court will decide what is in the children's current best interest. You will definitely need to hire counsel in my opinion to assist you.
Answered on Sep 10th, 2013 at 10:42 AM