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never married with children

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M

mommyof3

Guest
I am married with 3 children, of which 2, are from a previous relationship. The father of my 2 children and I were never married and we never went to court to determine custody of the children. We did however, go to court for an injunction against him for domestic violence against me, and the judge decided that he should pay child support and that he could see the children once every week and every other weekend. The injunction expired and so did all of the rulings. Since then I got married and my husband is in the military. Right now we live in another state and the father is stating that I am keeping his kids from him. Before we moved out of state I advised him that we should go to court to determine custody of the children. He did not comply with that advice. Therefore a month later with out telling him, I moved out of state. A couple days later he was notified by my father. I was advised by a lawyer that because we were never married and because we never went to court to determine custody that I have full parental custody and that I did not have to advise their father of my move. His mother is threatening to file a missing child report to the authorities. Does she have any ground? Can she do anything? If the father files a missing child report, does he have any ground?
 


M

mommyof3

Guest
Thankyou IAAL. Being that I am the lawful parent and that we were never married, can my husband adopt my children, and if so what are the steps, and what are the chances of doing so?
 
M

mommyof3

Guest
I need to know if my leaving the state without telling the kids father is illegal and can I go to jail. Because that is what they are saying and yet I was told that was not true. Please let me know.
[/B][/QUOTE]

 
M

mommyof3

Guest
Thank you for responding. I think I may have a problem. You said that I should have sent him a letter within 30-45 days and my problem is that I have been out of his state for about 3 months. Is there anything I can do. Should I send the letter now? Because I didn't send the letter can I be sent to jail for my actions?

 
A

Always searching

Guest
I would if it were me, lay low and wait for the residency of the children to accumulate. Find out what the residency restrictions are to file for custody. Call the court clerk and usually they will tell you. If he should start a custody battle, then court proceedings could be in the place where you moved from. This can be costly, be a pain in the rear and scary besides. If your 6 months pass (and they will)and you get papers for custody, then your lawyer can get the proceedings to go on in your new residence. It is where ever the children have been for the longest time.

[This message has been edited by Always searching (edited September 27, 2000).]
 
M

mommyof3

Guest
I just want to know if their is anything the father of the children can do because of the fact that I didn't make him aware of when I was leaving? Keeping in mind we were never married.
 
T

Tigres

Guest
IAAL,

She's already moved. Now, she wants to know what could happen to her because of it.

Tig

 
P

peter

Guest
I must add that being in the military, overides custody agreements.....if its not a voluntary move.

If the US military tells you to move well then you move, kids and all, and the other parent has to live with that.....

Now if YOU put in for a transfer then of course the other parent has a right to demand the child stay in the same area.

The military always has special rules

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:

I must add that being in the military, overides custody agreements.....if its not a voluntary move.

If the US military tells you to move well then you move, kids and all, and the other parent has to live with that.....

Now if YOU put in for a transfer then of course the other parent has a right to demand the child stay in the same area.

The military always has special rules

<HR></BLOCKQUOTE>


The parent has to leave, the child does not. A simple petition to change custody will release the parent from the responsibility and allow them to be moved without the child.

 
B

Brigit

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:

I must add that being in the military, overides custody agreements.....if its not a voluntary move.

If the US military tells you to move well then you move, kids and all, and the other parent has to live with that.....

Now if YOU put in for a transfer then of course the other parent has a right to demand the child stay in the same area.

The military always has special rules

<HR></BLOCKQUOTE>
I know this to be untrue as I went through it recently--my son's father is in the military, LONG STORY! He can go but my son cannot... :)

 

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