Prose&confused
Junior Member
What is the name of your state (only U.S. law)?
I reside in Louisiana. The case has been opened in Arkansas
I am the mother of two small boys (4 & 6) I was unmarried when the children were born in Arkansas. The father of the children signed both acknowledgement of paternity and birth certificates. Me and that father split up and began living separately while I was still pregnant with the 4 year old. The children lived with me as their sole provider from October 2010 (I was pregnant with the youngest) to October 2014. We (me and the children) split the time between Arkansas, where the children were born and the father's family resides and Louisiana, where I am from and where my family resides. In October 2014 I made an arrangement with the children's paternal grandmother (ex's mom) which stated the children would live under her care for the school year and then return to me. The father's mother drafted a form stating such and that I gave her temporary guardianship. We signed the papers in front of a notary and she took the boys to her home. The arrangement was made because I had gotten behind on bills because it is hard being a single mom of two without court ordered child support. I was being evicted and was changing jobs and houses this arrangement allowed me time to get caught up and back on my feet.
I visited the boys multiple times throughout the school year and tried to maintain constant phone contact, although that would become more and more difficult as time went on. I attempted to arrange to come pick them back up at the end of the school year which is when I was informed that the father of my children had filed for paternity and primary custody of the children. I was informed by his lawyer that they had attempted to serve me via certified mail but had sent the paperwork to my mother's home which is not my residence. I gave the lawyer my current address and still did not receive paperwork. The lawyer informed me that I could not come get my children that they were considered "wards of the state" because there is an open custody case. The lawyer then stated that if I wanted to see my children I would have to respond to the paperwork that I had not yet received. She agreed to scan and send me the paperwork via email and I received it.
She sent 3 separate documents.
1.The petition for paternity (which has a clause stating that "The Court should further Order that Petitioner e awarded primary custody of the minor children, subject to the Respondent's visitation, and that the parties should keep each other apprised of the minor children's residential address and phone number; and that Respondent pay a reasonable sum in child support."
2. A Consent, Waiver, and Entry of appearance. Which states that I waive service of process, agree to the order and waive any notice of any proceedings in this action and forego any right to attendance.
3. An "Agreed Temporary Order" which grants the father temporary custody.
I do not agree with any of these documents or the clauses within them.
I do not even know that the court they have entered the case into has jurisdiction or whether the courts where I am located would have jurisdiction. The Arkansas statute says that the children would have to have lived there 6 consecutive months at the filing date for their courts to have jurisdiction and the children had only lived there 2 months at that time.
I want to get my children and bring them back home. I don't know how to go about doing that. Can I get them and bring them home now since per Arkansas state law un-married mothers have sole custody until the father establishes paternity (which he has not yet) or will that get me in trouble? Can they keep me from even visiting my children? How to do I contest this? I don't have the money for an attorney and will have to represent Pro Se. I have done some research and am willing to put the work in, I just need some guidance.
Please if anyone has any advice or information let me know.
I reside in Louisiana. The case has been opened in Arkansas
I am the mother of two small boys (4 & 6) I was unmarried when the children were born in Arkansas. The father of the children signed both acknowledgement of paternity and birth certificates. Me and that father split up and began living separately while I was still pregnant with the 4 year old. The children lived with me as their sole provider from October 2010 (I was pregnant with the youngest) to October 2014. We (me and the children) split the time between Arkansas, where the children were born and the father's family resides and Louisiana, where I am from and where my family resides. In October 2014 I made an arrangement with the children's paternal grandmother (ex's mom) which stated the children would live under her care for the school year and then return to me. The father's mother drafted a form stating such and that I gave her temporary guardianship. We signed the papers in front of a notary and she took the boys to her home. The arrangement was made because I had gotten behind on bills because it is hard being a single mom of two without court ordered child support. I was being evicted and was changing jobs and houses this arrangement allowed me time to get caught up and back on my feet.
I visited the boys multiple times throughout the school year and tried to maintain constant phone contact, although that would become more and more difficult as time went on. I attempted to arrange to come pick them back up at the end of the school year which is when I was informed that the father of my children had filed for paternity and primary custody of the children. I was informed by his lawyer that they had attempted to serve me via certified mail but had sent the paperwork to my mother's home which is not my residence. I gave the lawyer my current address and still did not receive paperwork. The lawyer informed me that I could not come get my children that they were considered "wards of the state" because there is an open custody case. The lawyer then stated that if I wanted to see my children I would have to respond to the paperwork that I had not yet received. She agreed to scan and send me the paperwork via email and I received it.
She sent 3 separate documents.
1.The petition for paternity (which has a clause stating that "The Court should further Order that Petitioner e awarded primary custody of the minor children, subject to the Respondent's visitation, and that the parties should keep each other apprised of the minor children's residential address and phone number; and that Respondent pay a reasonable sum in child support."
2. A Consent, Waiver, and Entry of appearance. Which states that I waive service of process, agree to the order and waive any notice of any proceedings in this action and forego any right to attendance.
3. An "Agreed Temporary Order" which grants the father temporary custody.
I do not agree with any of these documents or the clauses within them.
I do not even know that the court they have entered the case into has jurisdiction or whether the courts where I am located would have jurisdiction. The Arkansas statute says that the children would have to have lived there 6 consecutive months at the filing date for their courts to have jurisdiction and the children had only lived there 2 months at that time.
I want to get my children and bring them back home. I don't know how to go about doing that. Can I get them and bring them home now since per Arkansas state law un-married mothers have sole custody until the father establishes paternity (which he has not yet) or will that get me in trouble? Can they keep me from even visiting my children? How to do I contest this? I don't have the money for an attorney and will have to represent Pro Se. I have done some research and am willing to put the work in, I just need some guidance.
Please if anyone has any advice or information let me know.
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