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My ex-husband just got out of rehab, and he wants custody of our two sons. Help!!

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ahilker79

Junior Member
I have no existing court order for custody of my two children. My husband and I separated 5 years ago, and I have had the kids since then. I am filing for a divorce right now, and he says that he wants custody of the kids, even though he has had little contact with them, other than phone calls, and he is living in a half-way house for alcoholics. We lived in Oregon at the time of our separation, and I moved to California six months ago, with the children. He says that even though I gave him prior notice that I was moving, in Oregon it's considered kidnapping, and he can have a judge order me to move back. What should I do? Does he have a leg to stand on?
 


LdiJ

Senior Member
I have no existing court order for custody of my two children. My husband and I separated 5 years ago, and I have had the kids since then. I am filing for a divorce right now, and he says that he wants custody of the kids, even though he has had little contact with them, other than phone calls, and he is living in a half-way house for alcoholics. We lived in Oregon at the time of our separation, and I moved to California six months ago, with the children. He says that even though I gave him prior notice that I was moving, in Oregon it's considered kidnapping, and he can have a judge order me to move back. What should I do? Does he have a leg to stand on?
No, he has absolutely no leg to stand on as far as the move is concerned...or custody either.

If he had filed something in court before you and the children had lived in CA for six months he might have had some slim change of forcing you to return the children to OR temporarily, but clearly he could not have kept the children there, because clearly a judge could not find it in the children's best interest for him to have primary custody.

The fact that you gave him prior notice and he did not take action until after you and the children lived in CA for six months basically leaves him SOL. On top of that, in no way could it ever be considered to be kidnapping on your part.

Move forward with your divorce case and stop listening to him.
 

ahilker79

Junior Member
thanks, one more question

I'm filing on my own, using the self-help dept. of LA Superior Court. Can this be resolved out of court, or should I retain a lawyer?
 

Ohiogal

Queen Bee
I'm filing on my own, using the self-help dept. of LA Superior Court. Can this be resolved out of court, or should I retain a lawyer?
You don't need an attorney necessarily (though if you can afford one, get one) but it CANNOT be resolved out of court. The court needs to be involved. You might be able to go to mediation and solve it there.
 

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