Seeking Child custody help -very complicated situation

[Tcottle06]

Greenville, TX resident

I am the non custodial parent of 2 kids. 7 years ago i left their dad and the kids and i moved from montana to missouri and i started to get back on my feet. Well he filed first in montana and then tricked me into believing that he wouldnt fight me for the kids that with him being in the military it was best for them to stay with me. I fell for it and he won by default. He became the primary parent and came and took the kids.

Through out the years i wasn't able to see them because i wouldnt move from missouri to wherever they lived (montana, hawaii and texas). Well a few years ago he was arrested on two counts of sexual assault on a child (not his kids). Hes currently incarcerated in lovelady, Tx.. I tried to get the kids but the courts said he could deem fit whomever he wanted to be their legal guardian. Which was his current wife.

She wasnt letting me see them much because again i wouldnt move.. So two years ago i picked everything up and moved to texas.. I have been consistently seeing them now.. I had them this past week for spring break when the stepmom called me and told me she couldnt care for them anymore.. That she wanted to focus on her own happiness and their daughter..

I now have a 10 yr old daughter and 9 yr old special needs son that i cant get enrolled in school or transfer my sons SSI (this is still currently going to stepmom) because i dont have legal documents stating that i am the legal guardian.. I am a full time student with 7 months left and i will graduate. My imcome is sufficient enough to take care of everyone but its not sufficient enough to take care of everyone and a large attorney bill. What can i do to get primary custody?

 

[Ohiogal]

Greenville, TX resident

I am the non custodial parent of 2 kids. 7 years ago i left their dad and the kids and i moved from montana to missouri and i started to get back on my feet. Well he filed first in montana and then tricked me into believing that he wouldnt fight me for the kids that with him being in the military it was best for them to stay with me. I fell for it and he won by default. He became the primary parent and came and took the kids.

Through out the years i wasn't able to see them because i wouldnt move from missouri to wherever they lived (montana, hawaii and texas). Well a few years ago he was arrested on two counts of sexual assault on a child (not his kids). Hes currently incarcerated in lovelady, Tx.. I tried to get the kids but the courts said he could deem fit whomever he wanted to be their legal guardian. Which was his current wife.

She wasnt letting me see them much because again i wouldnt move.. So two years ago i picked everything up and moved to texas.. I have been consistently seeing them now.. I had them this past week for spring break when the stepmom called me and told me she couldnt care for them anymore.. That she wanted to focus on her own happiness and their daughter..

I now have a 10 yr old daughter and 9 yr old special needs son that i cant get enrolled in school or transfer my sons SSI (this is still currently going to stepmom) because i dont have legal documents stating that i am the legal guardian.. I am a full time student with 7 months left and i will graduate. My imcome is sufficient enough to take care of everyone but its not sufficient enough to take care of everyone and a large attorney bill. What can i do to get primary custody?

Has the case been transferred to Texas? If so, file for custody in Texas and serve dad and ask for custody.

 

[HRZ]

check two routes ..might work

1. In general, federal laws as to education of homeless children are very broad and may well cover children booted from the nominal custodial parents home ...just about every school has somebody familiar with McKinney-Vento requirements ...

2. Being named the SS representative payee does not require guardianship..check thru the SS requirements...

btw..SM should forward funds she gets after kids left to you once appointed..they are not her funds to keep

 

[CJane]

Why can't you continue taking the children to the school they're *already enrolled in? Though, I've never been asked to offer proof of custody for ANY child I've enrolled in school, nor has my husband. And we've enrolled each other's children several times over the past 4 years...

How much is left of Dad's sentence?

Regarding the social security, you'll need to go to the social security office and fill out an application to change the rep payee. You'll need some sort of proof that the child is living with you, but they can help you figure out what might suffice for that.