What is the name of your state (only U.S. law)? FLORIDA
I lived with my ex for 8 years, we had 2 children together. Never married, no custody order. His name is on the birth certificate, and he signed a paternity acknowledgement.
A few months ago, while he was at work- I took the kids and I left. I went to FL and we are currently living with my mother. My ex worked and was a good provider but he is addicted to benzos, marijuana and drinks a LOT.
I have been a stay at home mom since my son was born. I am on disabilty for a severe anxiety disorder. I am a Yoga apprentice working toward becoming certified. 7 years ago I was charged with negligent child care for spanking and leaving marks on my first born. I plead no contest, and gave custody to her father. His wife adopted her and I gave up parental rights some years later. Immediately after this incident I voluntarially had a psychiatric evaluation when I was diagnosed with said anxiety disorder and have been on meds and in therapy ever since.
I am divulging this information as I feel it is very important as reflection on my charector as a fit mother, and I know it would be brought up in court.
I was sentenced to and did successfully complete 1 year of probation.
My ex is demanding that I bring the children back to the state of NE, where we lived before, and where both children were born. He is implying that I am somehow legally in the wrong. I know this to be false but I want to know if the courts can order me to return the children to NE, or if I can be awarded soul custody.
I realize my query is quite vague but in summary I am a mother who is afraid of losing her children, and unfamiliar with mothers rights in FL or NE- and which state takes presidence.
Is possession 9/10ths of the law when it comes to custody?
He hasnt seen the kids in nearly 3 months and has no interest in coming to any sort of agreement in regards to visitation.
I have filed for child support but since it is in a different state a hearing will have to take place.
I'm scared. I'm scared he will file for custody and I'll get nailed to the wall. I have applied for legal aid to establish custody but that takes time.
Any insight, advice or information on custody law would be soooo appreciated.