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My kids father and I are separated. I have moved out and the kids are with him. When I go visit them or want to take them out with me he won't give me both of them. I have moved on and now I am stable. He will not give me my kids back. We never been married or been to court for the kids.
10 ANSWERS
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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You need to file a paternity action in court. Get an attorney to do it right and protect your interests.
Answered on Jun 04th, 2013 at 12:50 AM
If there is not a court order in place preventing you from being with your children, you are allowed to take him just as he is allowed to do so.
Answered on Jun 04th, 2013 at 12:50 AM
Travis Christiansen
You will need to file a custody action and prevail with the courts under the best interest of the child analysis.
Answered on May 31st, 2013 at 4:22 PM
Melissa Kay-Peterson Roudabush
Unfortunately, in California, absent court orders, there is no way to get your kids from your ex. The police will not enforce custody when there are no court orders on the subject. The only option you have is to open a case in court and file for custody. In the meantime, try sitting down with your ex and see if you can work out some sort of schedule that you can both live with.
Answered on May 31st, 2013 at 11:01 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Obtain a court order if he won't give them back.
Answered on May 31st, 2013 at 11:01 AM
The kids are not like shoes. You can't just have them back. The court is going to look at the best interests of the children. Often the best interests of the children is often the status quo. You might have a difficult time changing the children's status quo. You might try working on the relationship with the father to improve the quality of the time you do have With the children.
Answered on May 31st, 2013 at 11:00 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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It sounds like there is not yet a written custody agreement or a court order in place regarding custody. Upon separation, both parties have equal rights to the custody of the children until later agreed or set by court. So he is not technically violating anything by not letting you see them or minimizing your time with them, nor would you be violating anything if you engaged in the same. That being said, it never looks good in the eyes of a judge if a parent is simply denying visitation outright for no reason, so you will definitely want to bring that up. But either way, custody/visitation will need to be resolved by a written agreement or court - you should consult an attorney to discuss how to move forward
Answered on May 31st, 2013 at 11:00 AM
They are his kids too. Each of you has an equal right, assuming he is on their birth certificates or there is a court order giving him custody. If he is not on their birth certificates and there is no court order granting him custody, they are your kids, not his. then and only then do you have the right to take the kids. Otherwise you need to go to court and ask that the court decide with whom the kids should live.
Answered on May 31st, 2013 at 11:00 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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If you have never been married and he never obtained a court order for custody, then the law in South Carolina is that you are the custodial parent, until the court rules otherwise.
Answered on May 31st, 2013 at 10:59 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Then you have to go to court and petition for custody or at least visitation.
Answered on May 31st, 2013 at 10:59 AM