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Picking up my kids without my consent

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Ladyflores530

New member
What is the name of your state?
California

My kids and i got in an argument over their constant disrespect towards me and i was upset when they brought up going to live with their favorite aunt. While mad i said fine choose me & your sister or your aunts family. If you choose to go with your aunt then you can forget about us. I took their cell phones so they could not contact the aunt and when i was sleeping they snuck in and took phone to call her. She came and picked them up without my consent and without notifying me. Now she has called my sons school to tell them that they are going to live with her for now and that she is going to enroll them in school in her town. (2 towns away) Is this legal for her to do and if not what actions can i take against her? Shes an undocumented alien with a previous deportation order who violated that order and reentered before her 10 year penalty was over and she has worked in U.S. "under the table" for 15+ years.
 


LdiJ

Senior Member
You need to go to her house and collect your children. Let the aunt know that you will have no choice but to get the police involved if she doesn't hand them over to you.
 

Zigner

Senior Member, Non-Attorney
You need to go to her house and collect your children. Let the aunt know that you will have no choice but to get the police involved if she doesn't hand them over to you.
Agreed - go get your kids.
 

Ohiogal

Queen Bee
Oh and take a parenting class to learn how to be an effective parent and not give ultimatums which when the children choose one, you have a temper tantrum about. Furthermore, you had no problem with your children's aunt being here undocumented for 15+ years and now want to make an issue of it? Bit hypocritical.
 

Ladyflores530

New member
Oh and take a parenting class to learn how to be an effective parent and not give ultimatums which when the children choose one, you have a temper tantrum about. Furthermore, you had no problem with your children's aunt being here undocumented for 15+ years and now want to make an issue of it? Bit hypocritical.
I wasnt making a big deal of it i simply put it out there cuz i must have a bit more rights over the situation than her.
 

Just Blue

Senior Member
I wasnt making a big deal of it i simply put it out there cuz i must have a bit more rights over the situation than her.
You told your child that s/he could go to the aunts.
What is the name of your state?
California

My kids and i got in an argument over their constant disrespect towards me and i was upset when they brought up going to live with their favorite aunt. While mad i said fine choose me & your sister or your aunts family. If you choose to go with your aunt then you can forget about us
Don't get made at their Aunt because they believed what you said.

I STRONGLY suggest you don't take an action that causes their Aunt to be picked up by ICE. If you do that your children will never forgive you.
i also strongly advice you and your children go to family therapy. You need to find a way to communicate with them without yelling and tossing out empty threats. You also need to discuss why your children want to live away from you. This is best done in a therapy setting.
 

CdwJava

Senior Member
As suggested, go retrieve your kids. The aunt has no legal claim to the children and you do. Pick them up and bring the police with you if there is a problem.
 

stealth2

Under the Radar Member
i simply put it out there cuz i must have a bit more rights over the situation than her.
Honestly, your rights have everything to do with being their parent and nothing to do with her legal status. You are well within your rights to go pick up your kids.

However, as others have commented, you would be well advised to look into family counseling so that all of you can learn to change the dynamics within your family. You don't mention the children's ages, but I'm going to guess between 10 & 15ish. Those can be rather tricky years to navigate, especially if firm foundations haven't been laid.
 

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