Brother in law took kids

[jeffadams]

What is the name of your state (only U.S. law)? Missouri

My sister got a call last night from her husband that he had filed for divorce and got custody of their two children. (3 and 4 years old) The kids were visiting with his mother at the time so she had no opportunity to dispute him.

I suspect he is blowing smoke about having tempory custody. If my sister files for custody, will that reveal whether or not he has actually filed?

At this point she can't even locate him or the kids; he has a lot of scumbag friends so I expect him to be moving from place to place.

Thanks for any input.What is the name of your state (only U.S. law)?

 

[Zephyr]

Has she contacted the clerk of court to see what exactly has been filed and granted?

 

[ripplingrivers]

She should go to the court immediately and file for custody. She does have to have papers served, and if he is just blowing smoke and she cannot find her kids, then he will get in trouble. She needs to get to the courthouse right away, and also call the local police to tell them that she doesn't know where her kids are because her ex took them. This is very important! Tell her to go in now and start everything.

 

[Zigner]

She should go to the court immediately and file for custody. She does have to have papers served, and if he is just blowing smoke and she cannot find her kids, then he will get in trouble. She needs to get to the courthouse right away, and also call the local police to tell them that she doesn't know where her kids are because her ex took them. This is very important! Tell her to go in now and start everything.

Did you even READ the post?

 

[TheGeekess]

She should go to the court immediately and file for custody. She does have to have papers served, and if he is just blowing smoke and she cannot find her kids, then he will get in trouble. She needs to get to the courthouse right away, and also call the local police to tell them that she doesn't know where her kids are because her ex took them. This is very important! Tell her to go in now and start everything.

You don't have a clue, do you ripplingrivers? Aren't you the poster trying to give up custody of your children because you "can't handle" being a full time parent?

OP, since Mom and Dad were married, Dad has just as many rights to keep the children as Mom does. The police will not get involved in a matter such as this because it's a civil matter (not criminal) and Dad has just as much right as Mom to keep the children.

 

[Silverplum]

You don't have a clue, do you ripplingrivers?

I just ranted about inaccurate newbie nonsense in another thread, helpfully linked:

https://forum.freeadvice.com/child-custody-visitation-37/visiting-rights-revoked-434133-p2.html#post2064436

 

[jeffadams]

Zephyr, she is at the courthouse right now filing for custody and a restraining order.

ripplingrivers, thank you for your reply.

Zigner, could you please elaborate? Was ripplingrivers missing something? I'm on unfamiliar ground here and don't want my sister to make a mistake.

Thank you.

 

[jeffadams]

You don't have a clue, do you ripplingrivers? Aren't you the poster trying to give up custody of your children because you "can't handle" being a full time parent?

OP, since Mom and Dad were married, Dad has just as many rights to keep the children as Mom does. The police will not get involved in a matter such as this because it's a civil matter (not criminal) and Dad has just as much right as Mom to keep the children.

Oh, I see. Thank you for clarifying.

 

[Isis1]

Zephyr, she is at the courthouse right now filing for custody and a restraining order.

ripplingrivers, thank you for your reply.

Zigner, could you please elaborate? Was ripplingrivers missing something? I'm on unfamiliar ground here and don't want my sister to make a mistake.

Thank you.

rippling doesn't know what she is talking about. trust the other seniors. rippling is a poster looking for advice on how to give custody to the father of the children when he doesn't want custody either. i wouldn't be taking advice from that person if i were you.

 

[jeffadams]

rippling doesn't know what she is talking about. trust the other seniors. rippling is a poster looking for advice on how to give custody to the father of the children when he doesn't want custody either. i wouldn't be taking advice from that person if i were you.

Thanks for the heads up. I'm looking for the major concensus on this subject, not just one posters opinion. What TheGeekess said does make more sense.

 

[Silverplum]

Thanks for the heads up. I'm looking for the major concensus on this subject, not just one posters opinion. What TheGeekess said does make more sense.

There is no "consensus" in family laws. The law is the law is the law. Simple as that.

Dad has as much right to his children as does Mom.

 

[jeffadams]

There is no "consensus" in family laws. The law is the law is the law. Simple as that.

Dad has as much right to his children as does Mom.

I think you misunderstood my intentions. We can't see a lawyer until next friday and I'm trying to find out if there are legal procedures we can take immediately. I understand I'm not in an attorneys office. But, by "consensus", I meant if several people here says the same thing, we will check it with the local courthouse and go with it.

Update:
He just called and said he sent the kids out of town with his mother to his aunts house. They set up a visitation this weekend.

So my question is; does a sherriff, or other legal official, have to present my sister with a temporary custody order? He claims he has papers but he is most certainly lying.

Can my sister take the kids at this meeting? If he has "papers" are they legally binding if he presents them? I know this guy and if he actually had papers he would have wagged them in her face last night.

And yes, she went to the courthouse and filed tempory custody and restraining orders.

 

[BL]

I think you misunderstood my intentions. We can't see a lawyer until next friday and I'm trying to find out if there are legal procedures we can take immediately. I understand I'm not in an attorneys office. But, by "consensus", I meant if several people here says the same thing, we will check it with the local courthouse and go with it.

Update:
He just called and said he sent the kids out of town with his mother to his aunts house. They set up a visitation this weekend.

So my question is; does a sherriff, or other legal official, have to present my sister with a temporary custody order? He claims he has papers but he is most certainly lying.

Can my sister take the kids at this meeting? If he has "papers" are they legally binding if he presents them? I know this guy and if he actually had papers he would have wagged them in her face last night.

And yes, she went to the courthouse and filed tempory custody and restraining orders.

Well , does she have the orders in hand ?

 

[jeffadams]

Well , does she have the orders in hand ?

It has to go before a judge and be approved first. But I'm sure you know this, right? My first post was only a few hours ago and her petition was just filed around an hour and a half ago.

So my question is; does a sherriff, or other legal official, have to present my sister with a temporary custody order? He claims he has papers but he is most certainly lying.

Can my sister take the kids at this meeting? If he has "papers" are they legally binding if he presents them?

If she had the orders in hand, the above questions would be moot, yes?

 

[Ohiogal]

Then she didn't file orders. She filed motions for orders. In other words she asked the court for such. Her and dad still have equal rights. She can go to auntie's house and pick up the children if she wants. The police still will not help however.