wife left me and enrolled children in school out of state

[eruffglider]

he is her daughters father who has been looking for his daughter for 8 years and thats y i haven adopted her cause then fshe has to get his permission. dont i need proof that i am there father? she took all the legal documents.

 

[LdiJ]

yes it is prior, but she is staying in the same place she got arrested and where he knows to find her. so legally this in the hands of the judge. and i have no guaruntees of ever seeing my children again unless i go to mn? i though i had rights.

Of course you have rights. Of course you will see your children again. The worst case end result will be that you get your children every other Thanksgiving, one week at Christmas, every or every other spring break, and the bulk of the summer. Mom might even let you have the older child as well for some or all of that visitation...once the dust settles.

In the best case scenario for you, it will reverse and mom will get that schedule. However in that case its likely that you won't be seeing the older child.

Why does it matter that the older child's father will know where to find her?

 

[eruffglider]

the oldests father, she has been hiding and running from him since i met her(8 years), the house she lived in(her moms trailor) is where she i now staying. he is a dander to my children because of all the abuse he has done to her. i am worried he will find her again and my childrens safety will be jeopardized. in ur experience what are my chances of getting a pick up order? i mean is this abandonment? can a judge orde that the kids stay in this state?

 

[CJane]

the oldests father, she has been hiding and running from him since i met her(8 years), the house she lived in(her moms trailor) is where she i now staying. he is a dander to my children because of all the abuse he has done to her. i am worried he will find her again and my childrens safety will be jeopardized.

Not gonna help you.

in ur experience what are my chances of getting a pick up order?

Honestly? I think they're slim at this point. You might get a judge to issue an order for her to return the children to the jurisdiction of the court, but that is NOT the same thing.

i mean is this abandonment? can a judge orde that the kids stay in this state?

No, it's not abandonment.

Yes, a judge COULD order it - at least for the 2 youngest ones - and it's probable that you'll get an order for Mom to return the children. It's likely to be a process though - one that includes allowing mom to screw up and refuse to obey the orders of the court.

It's VERY easy in the 2 states that I've had to deal with, to get copies of BCs though. In MO, you just have to go to ANY county health department and fill out a request and they print you one out. In KS, you just have to go to the Department of Vital Statistics in the capital and fill out a request. It took about 15 minutes for them to print mine for me.

 

[LdiJ]

the oldests father, she has been hiding and running from him since i met her(8 years), the house she lived in(her moms trailor) is where she i now staying. he is a dander to my children because of all the abuse he has done to her. i am worried he will find her again and my childrens safety will be jeopardized. in ur experience what are my chances of getting a pick up order? i mean is this abandonment? can a judge orde that the kids stay in this state?

You are grasping at straws a bit regarding the older child's father.

I would say that your chances of getting a pick up order are about 50/50 at best. If a judge is going to order that the kids are to be returned to NC, its likely that he/she will give mom a chance to voluntarily comply first. Also, its difficult to enforce a pickup order across state lines. So even if you got one, the police in MN may not honor it unless you first take it to a judge in MN to get it domesticated. (which sometimes can be done fairly quickly and sometimes cannot). So be prepared to take a week or so off work if you get a pickup order, so that you have time to run to court if MN if necessary.

However, its also possible that the judge will set the matter for hearing and give mom a chance to reply to your petition for custody. It could honestly go either way.

 

[eruffglider]

as of sept 5 i have recieved a emergency order of custody signed by a judge and i am flying to MN 2morrow to pick up my sons. thanks for all the advice.

 

[LdiJ]

as of sept 5 i have recieved a emergency order of custody signed by a judge and i am flying to MN 2morrow to pick up my sons. thanks for all the advice.

Just remember that you may need to wait until Monday in MN to get a judge in MN to ratify/domesticate your emergency custody order.

 

[TinkerBelleLuvr]

Have a backup plan in case the pickup doesn't work as planned. I went thru this the first part of August. Be prepared for hurry up and wait. I spent a week working on a retrieval AND had the services of a very good lawyer!

 

[Ohiogal]

What is the name of your state? North Carolina. married for 6 year in dec, my mother in law showed up unannounced last sat night. she reside in MN. sunday i come home from work and my wife and childre(3) are gone. i dont hear anything for 48 hours and i finally get an email that thet are fine, in minnesota and she has enrolled them in school which starts 2morrow. i have an appt to obtain legal counsel at 9 am 2morrow. what rights do i have as a father in this situatin?

YOu have a right to file for divorce, and petition the court to have the children returned to North Carolina.

for 8 days i have been in a state of depression without my kids and feel like i have no legal recourse. police cant help? was she in her right to leave?

She has as much right to take the children as you have to have the children in NC with you.

she has no job (i have been the sole provider for 3 years), no place for them to call home. all she took was clothes. she has no money she is living off of her family.

Okay. But apparently she has a place for and the children to live.

she is telling me that b/c her family is there and not here that no judge would force her to come back to NC.

Her family is not what matters. What matters is the CHILDREN's family of which you are a major part. So a judge COULD force her to return the CHILDREN to NC. NOt her but the children.

its a holiday weekand and i have been waiting to begin this process. was what she did legal? someone please help me. soory for the grammar errors.

Yes what she did was legal.

 

[eruffglider]

isnt there a such thing as an emergency ratification? around how much will that cost? what are the chances of getting it done 2morrow?