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Can I get Full custody of my kids.

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DNTaylor

Junior Member
What is the name of your state (only U.S. law)? West Virginia, Children reside in New York

3 years ago my boyfriend moved out and took my kids with him. We had a verbal agreement which was never held up. Since then I have not had any pictures, phone calls, or visitation with my kids. Im now in a better position to try and get custody but is there any way a judge will give me full custody? I havent seen them in 3 years and they are young. But its also not my fault that their father kept them from me.I have one lawyer saying go for full and another one saying....its not gonna happen.
 


Ladyback1

Senior Member
What is the name of your state (only U.S. law)? West Virginia, Children reside in New York

3 years ago my boyfriend moved out and took my kids with him. We had a verbal agreement which was never held up. Since then I have not had any pictures, phone calls, or visitation with my kids. Im now in a better position to try and get custody but is there any way a judge will give me full custody? I havent seen them in 3 years and they are young. But its also not my fault that their father kept them from me.I have one lawyer saying go for full and another one saying....its not gonna happen.
So....you say "MY" children. Were they strictly YOUR children, or are they children that he fathered?

I would say, that barring the Ex being found completely unfit as a parent, your chances of sole physical custody are slim and none.
In fact, I would bet a judge would order graduated visits for a period of time, before you even get an overnight visit.

Frankly? If the children mattered, you would have done something prior to this.
 

BL

Senior Member
Is He the legal father ?

If so I agree ,your chances are nil. If not , your chances of reunification are good. He the could file for paternity and physical custody since he's raise for 3 yrs.

Why not be straight up for the reason behind it all?

Many mother's want sole custody , if he's legally the father and raised the child(ren) for 3 yrs , want have you done about seeing them.

Hint BTDT . But it all depends on what your legal actions are now .
 

Proserpina

Senior Member
Mom, you're not just asking for full custody - you're asking for full custody AND to relocate the children out of state.

Here are the facts:

1. Dad has status quo which, while not everything in an initial custody determination, is HUGE.

2. The kids are established and settled. You're going to need a damn good reason to disrupt them....but then...

3. ... you haven't seen them in 3 years. You say that they're young.

Ask yourself this:

Is it fair for me to step back in from out of the blue, and take them from the only parent they really know, take them out of school, and move them out of state to be with me when they hardly remember me and I haven't done anything to see them in the past 3 years?

The answer should be clear.

Yet.... I have an inkling that you're not actually Mom. Not that it matters, though. The answers are the same either way.
 

Zigner

Senior Member, Non-Attorney
Is He the legal father ?

If so I agree ,your chances are nil. If not , your chances of reunification are good.
It's not going to matter whether he's already been determined to be their legal father once it's established during the custody proceedings.
 

BL

Senior Member
It's not going to matter whether he's already been determined to be their legal father once it's established during the custody proceedings.
Well didn't I insinuate that, if paternity can be established and hasn't already.
 

Zigner

Senior Member, Non-Attorney
Well didn't I insinuate that, if paternity can be established and hasn't already.
Your statement made it seem that, if paternity wasn't previously established, it would somehow make it easier for the OP.
 

Proserpina

Senior Member
Well didn't I insinuate that, if paternity can be established and hasn't already.
This is why it's confusing:

Is He the legal father ?

If so I agree ,your chances are nil. If not , your chances of reunification are good.
That's saying that if he's the legal father Mom has no chance (at what?), but if he's not the legal father she has a chance at unification.

Neither of these things are true.
 

BL

Senior Member
This is why it's confusing:



That's saying that if he's the legal father Mom has no chance (at what?), but if he's not the legal father she has a chance at unification.

Neither of these things are true.
NM me today , I'm not with it thinking . You know what I meant though .
 

BL

Senior Member
Your statement made it seem that, if paternity wasn't previously established, it would somehow make it easier for the OP.

Well it depends . Ya know where I'm coming from. If the chil(ren) aren't biologically his , it would/could make it a whole lot easier.

Just saying.
 

Zigner

Senior Member, Non-Attorney
Well it depends . Ya know where I'm coming from. If the chil(ren) aren't biologically his , it would/could make it a whole lot easier.

Just saying.
I wouldn't hazard to guess whether that would make it easier or harder...but I hear ya ;)
 

BL

Senior Member
Still shaking my head. Let me tell ya a story. I have children that are biologically or legally mine. The X said she wanted Sole custody and me to have nothing to do with them. Didn't happen. She took them out of State against court orders when they were 8 and 6 .

So IF he's the legal father he has status quo and , she may be allowed visitations .

She hasn't come back to give answers.
 

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