I need my kids back

[Lmhardy]

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

 

[Lmhardy]

I currently live in jersey city NJ I sent my 13 and 15 year old sons to spend the summer at my mothers house in PA with full intent to bring them back at the summer end. As the summer progressed I decided that I would relocate to my mothers area in Nov of this year so I gave her permission to in role them in school but going into this month of sept m mother started to act stragely. She went behind my back in secret and filed for sole custody of both my children and inroled them in school without consenting with me or providing any kind of documentation for me to sign. Now my mother still hasn't said anything to me about the legal action she's taking against me and she also mailed the papers to a address she KNOWS I no longer reside at. She also was able to register my children in school without any official ducuments. There is currently no custody order in place so I am there sole guardian there mother is deceased since Oct 2013 and have been living with me the in tire time up until late July of this year when I sent my children on vacation. My question is I want to go pick up my sons and bring them home am I within my legal rights to go get my children and can she stop me from retriving them from her home?

 

[Just Blue]

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

Please edit your ^ post and do NOT use the preview function.

lol....never mind.

 

[single317dad]

Are you legally established as the children's father? e.g., were you married to Mom at the time of birth, or submitted a paternity affidavit for both births and therefore listed on the birth certificate?

Is there any existing court proceeding in any jurisdiction regarding custody of the children? If so, what was its outcome?

Describe the "permission to enroll the boys in school" that you provided your mother with.

 

[Lmhardy]

Yes I am listed on the birth certificate and me and the mother were married when she past away in 2013. There was no final permission to register my kids in school she was supposed to reach out to me to complete the paper work but never did. There was never a custody order because it wasn't nessary do to the fact that I'm the birth farther.

 

[Lmhardy]

She did file for sole custody but there's no court order in place at this time but we do have a date to talk to the court advocate

 

[stealth2]

You really need to find the exact status of the filing and case before doing anything. How did you find out that she filed?

Your best bet, really, is to consult with a local attorney.

 

[Ohiogal]

In what state did she file?

 

[Lmhardy]

She filed in PA currently I'm not sure of the filing status but I do know tat there is not active custody order. I found out about the filing because she mailed the documents to my previous address fortunitly I still am able to receive my mail because I manage the property for the owner

 

[stealth2]

She filed in PA currently I'm not sure of the filing status but I do know tat there is not active custody order. I found out about the filing because she mailed the documents to my previous address fortunitly I still am able to receive my mail because I manage the property for the owner

So you WERE served. That was a legitimate address for you, apparently.

Lawyer - first thing tomorrow. Really.