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another custody question

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What is the name of your state? Maine

I have 2 Children from a Previous relationship. Ex and I was never married but lived together for 6 years before we split. Ex has very little to do with his children. He comes twice a year to see them. On their birthdays in July and at christmas. we have no court ordered custody agreement, but he is court ordered to pay childsupprt. I have had no worries until recently, he decided to call outta the blue and asked to visit the kids for the day, I agreed and let them got on the condition that they stay at his parents for the visit and not to go to his house because he lives with his brother that just got out of jail last year for molestation. But it is now worrying me..Why all of a sudden is he taking an interests.. I wouldnt put it past him to have something up his sleeve, I feel that I shouldnt let them go back until something for custody has been established, as it stands they are not to go to his brothers house and he cannot have them over night, My ex has a drug problem and he is not very responcible as far as, not making the kids buckle, losing daughters boot at pizza hut and not relizing it until i went to pick them up, (they had gone other places without boot in december and freezing cold how can you not notice child with only 1 boot on DUHHH). I just dont feel that he can supervice the children well, our oldest son who is 9 has to watch his sister who is 5 when he is there, hes not made to do it but feels he has too, Overnight visits ended two years ago when i showed up at his now Ex girlfriends to find that he had left them with a sitter, The sitter thing didnt bother me, what bothered me was he picked them up at 5pm and was bringing them home the next morning by 8 am, my daughter who was 3 at the time was running around buck naked, with his exes teenage boys and was not being supervised, i ended up taking her to the doctors to see if anyone had messed with her because when i walked in she was trying to put a pen in her muffin, I took my children home with me, and he never called or anything for 6 months after that. And for the last 2 years he has come to see them july and december. I let them go this time but i worried the whole time and ended up picking them up early. I atleast know that if they are at his mothers they are being watched, but if i had known he was going to be driving with them, they would have never went. I am a very protective mother, maybe i am over protective, my kids dont go to sitters, if my kids cant go somewhere then i dont go. My husband understands this, and yes its hard sometimes but that is how i am. I dont do drugs I dont drink, my kids are my life If i was to loose them i would die, i dont know what i need to do, so he cant just show up someday and take them and not bring them back, he wouldnt do that on his own but if someone put it in his mind he would, one of his friends have even said to me hes thought about taking them so he wouldnt have to pay child support. What should I do
 


Zephyr

Senior Member
since there is no court order regarding visitation, you are under no obligation to allow visitation and it would be up to dad to go through everything to file and be awarded visitation
 
So he cant just pick them up and not bring them home someday? Until he does something for custody, I have custody of them?
 
katinmaine said:
So he cant just pick them up and not bring them home someday? Until he does something for custody, I have custody of them?
I live in Maine and to the best of my knowledge, I have been told that until it is settled in court, he can take them.

I have a similar situation...allowed him to visit them in my house, he always showed up wasted, so finally I said, "no more"..then he served me with papers. At the advice of this forum, I ran around and got all the documentation I could on his convictions, copied e-mails from his relatives, formulated a reply..and then never heard back from the court. Seems he never filed an actual complaint. :rolleyes: So I am in limbo..but here is the best I can tell you:

If he has convictions, get CERTIFIED copies from the court. If there are police reports, get copies but be prepared to have to supoena (sp) the officers. Get anything you can in writing. Your word doesn't count in court..you need proof.

I was told to file first. I didn't want to..I had them, and it is a big pain to go through all the steps. Also, at the time I knew the court would not just take my word for it and he would probably get unsupervised visitation.

But now the papers he did file admit that residence is with me..and I have filed my answer which has copies of all the proof I could gather of why I am worried for the safety of my kids...

So, you have a choice, file first or don't and try and keep your kids safe and hope he doesn't grab them.

PS you can't get free legal help ie pine tree for child custody in maine unless he has an attorney and you can't afford one. If you can afford one, maybe try and get a good one and file first if there is a danger he could grab them. But without proof it is your word against his..if he decides to fight you.

Good luck, maybe someone has better advice as I am just speaking from my own experience.
 

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