QUESTION
How can I get custody of my children from my father?
Asked on Jan 28th, 2012 on Child Custody - Arkansas
More details to this question:
My children's mother is incarcerated in another state. We have 3 small children together. Her social worker told me i was cleared to get the children. I drove down to get them, but my father told me that I couldn't take my kids. I called the social worker and she went to the jail to see the children's mother. She told the social worker that she wrote a letter that was not notarized giving my father temp custody of the children. The social worker said i couldn't take the children. My father never showed me or the social worker proof of the letter. What can i do to get my children?
4 ANSWERS
Steven D. Dunnings
A letter is not sufficient to give custody. Were the children born during a marriage or out of wedlock? If born during a marriage are you divorced, if not you have every right to get the children. If out of wedlock, was a paternity action ever filed resulting in a paternity order acknowledging you as the biological father? If not, you need to file such an action.
Answered on Feb 09th, 2012 at 10:51 AM
Family Law Issues Attorney serving Camarillo, CA
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Laurie Peters & Associates, APLC
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You need to get a lawyer in the state where the children live. I don't know all your circumstances, but in most cases, a father has superior rights, and the mother cannot unilaterally decide that someone else could have custody. I'm not licensed to practice in Nebraska, and cannot give you legal advice. However, our constitution does not allow one parent to take the other parents rights away absent a court order for good cause.
Answered on Feb 09th, 2012 at 10:49 AM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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Typically, she cannot prevent you from having the kids, each parent has a natural right of guardianship over their child's person that cannot be abridged by a letter directing custody elsewhere. Custody/guardianship can only be removed from a parent through a valid court proceeding. In most states, grandparents don't even have standing to bring a civil action against a natural parent for custody of their child. You should really seek legal counsel (i.e. get a free consultation) in the state in which the children have resided in order to find out the applicable laws for that state.
Answered on Feb 09th, 2012 at 10:43 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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As the biological parent your rights are superior to a grandparent's but if he has had them for a period of time he could try to fight you getting them in court by claiming what is known as "loco parentis" which is a Latin term for one that stands in the place of the parent and has established a parental relationship. As their father you should hire an attorney and file a petition for paternity and visitation in the court, as a witness in your favor you would want to call the social worker and others that can attest to your parenting and relationship with your children. The children's young age is in your favor in that they could not have a long established relationship with your father as their primary caregiver, but you will want to be able to show you have the ability to care for them with suitable housing, employment, and extended family support that can help. Whatever guardianship the mother gave to your father is not really enforceable, the proper way is to have guardianship done through the court as an order, but even then before that would be granted you would have the right to contest.
Answered on Feb 09th, 2012 at 10:39 AM