CA-USA- ex wants to take our3 kids after I filed for aid , can he?

[diannaj]

What is the name of your state (only U.S. law)? California

Me: Mother

RE: 3 children 14, 10, 8.
Question. Can my ex take the kids without good cause? Written (agreed upon not court ordered) custody is shared- sunday at 5pm-thursday at 5pm (ex custody) me(mom) Thursday after school till sunday at 5pm.

He lives 3 hours from where we are now.

I have had all three fulltime for the last 8 months. My ex has seen them for 2-3 hours at Christmas in these 8 months, he has called them twice. He has not given them/us a dime to help out. I filed for aid since I lost my job in December and my ex called me and threatened to take the kids if I do not stop that aid.

Can he legally take them? What can I do?

Please help.
Thank you.

 

[Zigner]

Assuming he is their legal father...

He has as much right to them as you do. You NEED to file in court to establish custody, visitation, and support.

 

[diannaj]

Yes, agreed. However the question remains.. does he have legal right to take them?

Thank you for your reply!


Yes his is the legal father.

==

Assuming he is their legal father...

He has as much right to them as you do. You NEED to file in court to establish custody, visitation, and support.[/QUOTE]

 

[Silverplum]

You can start your legal process here: http://www.courts.ca.gov/selfhelp-family.htm

 

[single317dad]

The State has probably contacted him as you should have named him as their father when you filed for aid. He's likely aware that he will be on the hook to repay all or part of the benefits you receive (via child support obligation). This kind of response is common in those situations.

There's a good chance the state agency will require you to get an enforceable support order to continue receiving benefits.

 

[Just Blue]

What is the name of your state (only U.S. law)? California

Me: Mother

RE: 3 children 14, 10, 8.
Question. Can my ex take the kids without good cause? Written (agreed upon not court ordered) custody is shared- sunday at 5pm-thursday at 5pm (ex custody) me(mom) Thursday after school till sunday at 5pm.

He lives 3 hours from where we are now.

I have had all three fulltime for the last 8 months. My ex has seen them for 2-3 hours at Christmas in these 8 months, he has called them twice. He has not given them/us a dime to help out. I filed for aid since I lost my job in December and my ex called me and threatened to take the kids if I do not stop that aid.

Can he legally take them? What can I do?

Please help.
Thank you.

You need to file for child support. You still may need aid...but the state should not have to foot the whole bill. As stated you should get a new custody order.