neither parent has custody...

I live in VA. Children live in AL. with their mother. Is there anything I can do if she refuses visitation? We're not married and have never established legal custody in court. I am looking into getting physical custody of my children. I am planning on having them here for x-mas. I was told that I could just keep them and file for custody while they're here. Is this the right way to go about this? Any advice or suggestions would be appreciated.

I am going though the same thing. I dont have much legal advice, (seeing that is why I am on here too), but I do know that you cannot just keep the children. I know you will have to go to court in the State the children have resided in for the last 6 months.

No legal advice, just an opinion. I have also heard that you have to file for custody in the child's state of residence (for the past 6 months). So, if your ex agrees to let you keep them there, wait 6 months and file. And, best wishes to you.

[I AM ALWAYS LIABLE]

My response:

Absolutely incredible. The two of you just assisted this person in "Child Abduction". And then you wished him "luck". How do you both think the mother is going to feel when she discovers her child is missing?

You know, if you don't know anything about the law, even in general terms, I would thank you to not give any form of advice or suggestions on these Boards.

Absolutely incredible.

IAAL

[QUOTE][i]Originally posted by I AM ALWAYS LIABLE [/i]
[B]My response:

Absolutely incredible. The two of you just assisted this person in "Child Abduction". And then you wished him "luck". How do you both think the mother is going to feel when she discovers her child is missing?

You know, if you don't know anything about the law, even in general terms, I would thank you to not give any form of advice or suggestions on these Boards.

Absolutely incredible.

IAAL [/B][/QUOTE]

Thanks for saying something IAAL, my blood pressure was too high to reply with any rationality...

I am new to these boards, but I thought they were meant for anyone to give advice or comments. All everyone seems to do is slam each other.
I said he couldnt take the children & that you had to go to court in the state the child has resided for the last 6 months. This is true - right!


[QUOTE][i]Originally posted by LadyBlu [/i]
[B][QUOTE][i]Originally posted by I AM ALWAYS LIABLE [/i]
[B]My response:

Absolutely incredible. The two of you just assisted this person in "Child Abduction". And then you wished him "luck". How do you both think the mother is going to feel when she discovers her child is missing?

You know, if you don't know anything about the law, even in general terms, I would thank you to not give any form of advice or suggestions on these Boards.

Absolutely incredible.

IAAL [/B][/QUOTE]

Thanks for saying something IAAL, my blood pressure was too high to reply with any rationality... [/B][/QUOTE]

Hmmmmmm, They said "I do know that you CANNOT KEEP the children". And I said "IF YOUR EX AGREES TO LET YOU KEEP THEM THERE, wait 6 months and file for custody." How is that assisting in abduction???

[QUOTE][i]Originally posted by madfire [/i]
[B]I am new to these boards, but I thought they were meant for anyone to give advice or comments. All everyone seems to do is slam each other.
I said he couldnt take the children & that you had to go to court in the state the child has resided for the last 6 months. This is true - right![/B][/QUOTE]

Yes you were correct madfire, He willneed to file for custody in AL where the children are residents.

But the post by Tiygress was the one I was referring to.. it is obvious from the posters question that the mother is not going to allow him to keep the kids,... He stated that [B]IF[/B] she allows him to get them for Christmas, which seems to imply she may not even allow visitation, so why would she agree to custody?