Concern about paperwork

[jrichtback]

Ask and I will answer I have NOTHING to hide

 

[jrichtback]

In some ways yes. My 7 yr old is mentally slow and he was doing better with me however everytime I talk to him on the phone it seems as if he has reverted back to being a 4 yr old. My oldest will not talk to me because I believe he is afraid of his father. But as any parent I do have my concerns.

 

[Proserpina]

In some ways yes. My 7 yr old is mentally slow and he was doing better with me however everytime I talk to him on the phone it seems as if he has reverted back to being a 4 yr old. My oldest will not talk to me because I believe he is afraid of his father. But as any parent I do have my concerns.

This doesn't prove that the children will be better off with you. Every estranged parent has concerns but these concerns do not necessarily justify a change in custody.

Look, you have to realize what you're up against. While it's true that - because you are still married to Dad - you have equal rights to the children, Dad has had custody for long enough now that I believe you will be very hard pressed to justify a change in that custody.

 

[jrichtback]

Thats my concern. I don't know how to prove that the children are better situated here. I am too far away from them to prove it. I live on the other side of the state.

 

[TinkerBelleLuvr]

You are still better off getting a court order that will allow you both to have access to the children. Google long-distance parenting plans. Since you've both moved, look at the transportation being split between you - the recieving parent gets the children.

 

[Artemis_ofthe_Hunt]

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.

wouldn't then, this 3 1/2 year old brother LEGALLY be her estranged husbands?

 

[jrichtback]

Heh uh no. He is 3 1/2 MONTHS old and the father of the baby and I live together and are planning on getting married later. We have been together before all of this started.

 

[TinkerBelleLuvr]

wouldn't then, this 3 1/2 year old brother LEGALLY be her estranged husbands?

Yes, the LEGAL father of the 3.5 MONTH old is the husband. Who is the biological father?

 

[Artemis_ofthe_Hunt]

Heh uh no. He is 3 1/2 MONTHS old and the father of the baby and I live together and are planning on getting married later. We have been together before all of this started.

MONTHS... I meant MONTHS.... I don't mean, isn't he literally your sons father, but LEGALLY....

 

[Artemis_ofthe_Hunt]

Yes, the LEGAL father of the 3.5 MONTH old is the husband. Who is the biological father?

Thank YOU! That's what I thought!

 

[jrichtback]

Now here is the kicker the BIOLOGICAL father is ON THE BIRTH CERTIFICATE!!!!! My ex has no LEGAL rights to the child he signed an affidavit on this case when my 3 1/2 month old was born.

 

[TinkerBelleLuvr]

Honey, the LEGAL father is technically your HUSBAND. Remember that guy you are married to? Since you are MARRIED, the child is LEGALLY the child of you and your HUSBAND. When you file for your divorce, your attorney will have to untangle the mess you have made.

 

[jrichtback]

That issue has already been resolved. My ex signed an affidavit which the hospital had given to me so that I could put the BIOLOGICAL father on the birth certificate. I could not have in this state if my ex hadn't signed it. It had to be notarized on both of our sides for that to be done. So in NO WAY is he the LEGAL FATHER!

 

[Proserpina]

That issue has already been resolved. My ex signed an affidavit which the hospital had given to me so that I could put the BIOLOGICAL father on the birth certificate. I could not have in this state if my ex hadn't signed it. It had to be notarized on both of our sides for that to be done. So in NO WAY is he the LEGAL FATHER!

You're yet to explain or offer reasons why your children would be best taken from their father, with whom they have resided for at least a couple of years, and placed with you.

 

[TinkerBelleLuvr]

You still will be best served by getting the parenting time court ordered. You wouldn't be at the mercy of when dad lets you see/ talk to your children. Dad couldn't LEGALLY just take off with the children again.