undocumented custody

[helpee]

What is the name of your state? California
Is it true that once a wife has taken children away from the father, cops saying they can't force wife to show kids to father although they are also saying that father has all the rights to see the kids it's just that for now wife has custody (even though there's no legal papers filed that mother should keep the children) and father just have to file and wait for court order? If this is not right then, can father then take custody of children once (between the two of them) she agrees for him to see the children and she can just wait for the court order?

 

[NotSoNew]

huh? your post is a little confusing. if there are no court orders mom does not have to let dad see the children. dad has to file for visitation and wait for court. if dad did get to see the children of course he could keep them and mom would have to file and wait. the judge doesnt look kindly on either.

 

[ANNA FALACTIC]

What is the name of your state? California
Is it true that once a wife has taken children away from the father, cops saying they can't force wife to show kids to father although they are also saying that father has all the rights to see the kids it's just that for now wife has custody (even though there's no legal papers filed that mother should keep the children) and father just have to file and wait for court order? If this is not right then, can father then take custody of children once (between the two of them) she agrees for him to see the children and she can just wait for the court order?

I just love long, run-on sentences! When were you thinking of using a period or two?

 

[casa]

What is the name of your state? California
Is it true that once a wife has taken children away from the father, cops saying they can't force wife to show kids to father although they are also saying that father has all the rights to see the kids it's just that for now wife has custody (even though there's no legal papers filed that mother should keep the children) and father just have to file and wait for court order? If this is not right then, can father then take custody of children once (between the two of them) she agrees for him to see the children and she can just wait for the court order?

Dad needs to petition for custody & visitation to be established in court since they were not married.

 

[rmet4nzkx]

Dad needs to petition for custody & visitation to be established in court since they were not married.

It said "wife" so I am assuming they are married possibly separated and no orders established, in which case they have equal rights to the children, but someone needs to go to court to facilitate visitation.

 

[kookoo]

I know here in Texas if neither party has court ordered custody or visitation, then one party could keep the kids from the other parent and no, the police cant make them give them up or force them to let the other party see the child(ren). That is why it is so important to get everything legalized because its not fair to the children to drag them around like that or deprive them of the other parent.

 

[casa]

It said "wife" so I am assuming they are married possibly separated and no orders established, in which case they have equal rights to the children, but someone needs to go to court to facilitate visitation.

Thanks rmet, I missed that...still waiting for all the Tryptophan to wear off


OP: Without a court order the police have nothing to enforce. So just as there is no order saying you don't have custody/visitation, there are also no orders saying you do. File ASAP for a temporary visitation schedule pending custody determination by the courts.

If you can't agree, request mediation.

 

[helpee]

I just love long, run-on sentences! When were you thinking of using a period or two?

Pls. limit your response to the question posted and not to anything else. I did not know the website was concern about how you present your question in sentences. Maybe I should have checked with an English professor first. You wouldn't know anyone would you? Funny I know someone named Anna and everyone just couldn't stand her for acting like miss "know it all."

 

[BelizeBreeze]

Pls. limit your response to the question posted and not to anything else. I did not know the website was concern about how you present your question in sentences. Maybe I should have checked with an English professor first. You wouldn't know anyone would you? Funny I know someone named Anna and everyone just couldn't stand her for acting like miss "know it all."

If you expect a relevant answer from people who are giving their advice free, then it is incumbant upon you to insure that your post is legible. It was not and still is not.

 

[LdiJ]

Pls. limit your response to the question posted and not to anything else. I did not know the website was concern about how you present your question in sentences. Maybe I should have checked with an English professor first. You wouldn't know anyone would you? Funny I know someone named Anna and everyone just couldn't stand her for acting like miss "know it all."

Hey...that post was harder than heck to understand because of the way it was written.

 

[LdiJ]

What is the name of your state? California
Is it true that once a wife has taken children away from the father, cops saying they can't force wife to show kids to father although they are also saying that father has all the rights to see the kids it's just that for now wife has custody (even though there's no legal papers filed that mother should keep the children) and father just have to file and wait for court order? If this is not right then, can father then take custody of children once (between the two of them) she agrees for him to see the children and she can just wait for the court order?

Dude...that was harder than heck to understand.

Ok...here is the deal.

You both have equal legal rights to the kids, however, because there are no court order there is nothing for the police to enforce (and even if there were, the police generally decline to get involved and tell you to take it to court).

Yes, if you managed to get her to agree to let you have the children you could do the same thing. However...then YOU would be the "bad guy" in the eyes of the court instead of her.

The wiser thing is to get yourself an attorney immediately, and to get your tush into court to get temporary custody/visitation orders made.