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Can she legally take these kids

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tigereye1950

Junior Member
What is the name of your state? Missouri--Short undeatiled summary. Mother give 3 kids to dad. No court rulings. Just on notorized letter which Dept of Fam & Children services recognizes. Mom & Dad never married. Mother has not had childred ages 6-4-3 for over 3 years. She has new boyfried w/2 more kids by him. She just comes and takes kids for a weekend visit and then calls and says she is keeping them and not bringing them back. Smallest child very upset and wants to come back home and live. Took them out of school and put them in her area. Living conditions are horrible with her but not life threatening, just filth. Can she legally take these kids from me after all these years of not taking care of them or not evening know the smallest one at all?
 


rmet4nzkx

Senior Member
Did you establish paternity when the children were born?
Did she abandon the children?
Even if there were no court orders it is possible since they were in school that you had some form of guardianship, do you know what this document said?
How frequently did she visit the children?
Have you reported them abducted?
Have you sought emergency custody orders?
Have you applied for a Guardian ad Litem for the children?
 

LdiJ

Senior Member
tigereye1950 said:
What is the name of your state? Missouri--Short undeatiled summary. Mother give 3 kids to dad. No court rulings. Just on notorized letter which Dept of Fam & Children services recognizes. Mom & Dad never married. Mother has not had childred ages 6-4-3 for over 3 years. She has new boyfried w/2 more kids by him. She just comes and takes kids for a weekend visit and then calls and says she is keeping them and not bringing them back. Smallest child very upset and wants to come back home and live. Took them out of school and put them in her area. Living conditions are horrible with her but not life threatening, just filth. Can she legally take these kids from me after all these years of not taking care of them or not evening know the smallest one at all?
If mom had custody via court orders. Then yes she can. If no one had custody via court orders, again, yes she can.

What you need to do is get your butt into court asap, preferibly with an attorney. After having them in your physical custody for 3 years, you have a decent chance of getting them back if you move quickly.
 

tigereye1950

Junior Member
rmet4nzkx said:
Did you establish paternity when the children were born?
Did she abandon the children?
Even if there were no court orders it is possible since they were in school that you had some form of guardianship, do you know what this document said?
How frequently did she visit the children?
Have you reported them abducted?
Have you sought emergency custody orders?
Have you applied for a Guardian ad Litem for the children?
No paternity ever established. She did abandon three years ago--on drugs, prosituting, etc. Document only said that she was giving the children to their father. I am not aware of emergency custody orders. Know very little about the law. I'm trying to go to college and can't really afford an attorney.
 

tigereye1950

Junior Member
LdiJ said:
If mom had custody via court orders. Then yes she can. If no one had custody via court orders, again, yes she can.

What you need to do is get your butt into court asap, preferibly with an attorney. After having them in your physical custody for 3 years, you have a decent chance of getting them back if you move quickly.
There has never been any court orders on custody. So, I thought maybe I could just get them and keep them from her, but then I thought that would make me no better than her.
 

rmet4nzkx

Senior Member
You need an attorney because you are ignorant of the law, call legal aid for help. I suspect that there might have been some acknowledgement of paternity and/or guardianship transfered in that document. Be sure to take that and any proof that you have had the children for 3 years, then go to family court and file for emergency custody orders. How long has she had them?
 

tigereye1950

Junior Member
rmet4nzkx said:
You need an attorney because you are ignorant of the law, call legal aid for help. I suspect that there might have been some acknowledgement of paternity and/or guardianship transfered in that document. Be sure to take that and any proof that you have had the children for 3 years, then go to family court and file for emergency custody orders. How long has she had them?
She has had them for one week.
 

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