Concern about paperwork

[jrichtback]

What is the name of your state (only U.S. law)? Washington State
My question is....If both parents sign a paper stating that 2 of the 3 children will live with that parent and it was not signed in front of a judge and did not go through any sort of court information is this a legal paper? The parents are NOT divorced and are not LEGALLY separated however have been away from each other for many years now. My ex has my sons and I want them to come home. But I am concerned that this paper that we had signed is a legal document stating that he has custody of our sons and I only have our daughter. My sons also have a 3 1/2 month brother that have never met and are unable to meet because he never stays in one place for very long. Since I have been in the place I live for the past 3 yrs he has moved SEVERAL times and I am concerned about my sons welfare.

 

[cyjeff]

No, the paper isn't legal.

Yes, you are a piece of crap for separating your children.

 

[jrichtback]

You don't know my ex and the problems that we had to deal with. I am NOT a piece of crap. I have worked VERY HARD to get my life on track for my children, you don't understand the issues that made it the way it was. My only question was if it was legal.

 

[TinkerBelleLuvr]

Since you both are still married to each other and can I safely assume that the children were born in the marriage, you both have equal rights to the children. With that said, status quo would say that the parent who has had primary care of the children/ child would probably remain that way in front of a judge.

Any reason why you shouldn't file in court now in order to have a court ordered parenting plan?

 

[Proserpina]

How old are these children?

 

[jrichtback]

7 and 12 yrs of age. 12 yr old was threatened that he must stay with his father, but would not tell me everything.

 

[Proserpina]

7 and 12 yrs of age. 12 yr old was threatened that he must stay with his father, but would not tell me everything.

What has led up to you wanting your sons to live once again with you?

When was this piece of paper signed? How often were you seeing them?

 

[jrichtback]

It was signed 3 yrs ago and I have wanted them for a LONG time. I just actually believed him and thought it was legal. Only able to see them when HE always. I have not seen them since Aug 2009 and have not talked to them since October. He moved out of state for awhile and that made it even harder because he actually moved to Alaska.

 

[Proserpina]

It was signed 3 yrs ago and I have wanted them for a LONG time. I just actually believed him and thought it was legal. Only able to see them when HE always. I have not seen them since Aug 2009 and have not talked to them since October. He moved out of state for awhile and that made it even harder because he actually moved to Alaska.

You need to go to court and file for divorce and probably custody of at least your daughter. Status quo is going to be your problem here - Dad has had your sons for 3 years and it's going to be very difficult for you to overcome that. You need to show a substantial change in circumstance to justify taking them from Dad.

Is there a reason you haven't filed for divorce yet?

 

[jrichtback]

Do you mean other than the fact I have been in a stable home with a stable job for the past 3 yrs (not the same but better jobs each time) and the fact that he has not only moved out of state but also not kept a job and is NOW finally having to pay child support while I have worked with DCS on making my payments every month and ASKED them to take the money from my checks every 2 weeks so that they were paid. Would that assist me?

 

[Proserpina]

Do you mean other than the fact I have been in a stable home with a stable job for the past 3 yrs (not the same but better jobs each time) and the fact that he has not only moved out of state but also not kept a job and is NOW finally having to pay child support while I have worked with DCS on making my payments every month and ASKED them to take the money from my checks every 2 weeks so that they were paid. Would that assist me?

You need to show a substantial change in the children's lives. Not yours, not your husbands.

What you've said here won't do it.

 

[TinkerBelleLuvr]

But, if dad is substantially hiding the children from mom, that won't be good for him either.

Personally, they would be best served with a court order.

 

[Proserpina]

But, if dad is substantially hiding the children from mom, that won't be good for him either.

Personally, they would be best served with a court order.

Agreed...providing that Mom has actually made an effort to find them. There are so many unanswered questions here, y'know?

 

[jrichtback]

He is now. Unless I call his work I have NO WAY of getting a hold of him. Am I able to take them when I do find him?

 

[Proserpina]

He is now. Unless I call his work I have NO WAY of getting a hold of him. Am I able to take them when I do find him?

Do you think that would be best for them?