Why can't I just get my kids! What, because were legally married?

[momoej]

What is the name of your state? Florida


Me and the father of my children have been seperated for sometime now, at least 3 years (at least). We have not gotten our divorce ( I have personal reasons), and the children have primarily lived with me, attending a school right down the street and everything! The children's dad, on thursday asked if he could pick the children up from school, which was o.k by me. The agreement was that he was to return the children to school on friday, and I would pick them up when school was out. Long story short,midday friday I found out that after he picked the children up from school on thursday, he moved (not went on vacation) at least 700 miles away!!!!!! You can only imagine my fury. Now remind you that he gave me no notice of the move (he still has yet to call me). Not only that, I had no info on where he was. After investagating as much as possible,you know with his job, family, place of residence, etc, I was able to come up with about where he moved. So I called the police, and they were able to find out where he is. Now I know if I just popped up and demanded my children back (knowing him), I would probably not succeed. So what can a person in my shoes do at this time. I know that I can't file for an ER pickup order. Tried that, and I was told that because we are legally married, and there has never been any custody battles in court, that it didn't apply. There has got to be another option besides filing for the divorce (which is now on the top of my priority list)

 

[CJane]

Your best (and perhaps only) bet is to file for divorce, and an order demanding the return of the children to the jurisdiction of the court.

 

[Ohiogal]

Oh and to add to what Cjane says, you also have to serve dad and file for custody as well as divorce.

We don't care about why you don't want a divorce but guess what -- without a divorce, you may not get your children. Your husband can move whereever he wants with HIS children because there are no court orders stating otherwise.

 

[>Charlotte<]

You also need to be prepared for the possibility that just because you're the mother doesn't mean you'll automatically get custody.

 

[wileybunch]

Oh and to add to what Cjane says, you also have to serve dad and file for custody as well as divorce.

We don't care about why you don't want a divorce but guess what -- without a divorce, you may not get your children. Your husband can move whereever he wants with HIS children because there are no court orders stating otherwise.

And, if you don't do it before he establishes residency elsewhere, he will eventually be able to file where he is, he will be able to show he's been the primary caregiver for this period of time, and you may find yourself as the NCP with visitation.

 

[LdiJ]

You need to get your butt into court NOW. You need an emergency custody order.

 

[Ohiogal]

You need to get your butt into court NOW. You need an emergency custody order.

She doesn't have grounds for an emergency custody order. She has not shown that the children are in danger. Just that dad took them which is what is within his legal rights to do. She can ask for a temporary order of custody and return of the children to the jurisdiction but not an EMERGENCY order.