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scared he'll take my girls!

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What is the name of your state?-by i have full custody of my 14 month old twins daughters,their father gets them 1 month in the summer and 2 weeeks for xmas.the loast time i heard from him was august,when he vrought the girls back from minnesota(where he lived).i have not heard from him or gotten any child support for 3 months,then out of the blue,he calls from canada(of all places) and says hes filing for custody of the girls,claiming im not allowing him contact with them,which is a lie! he knows my phone number,he could call anytime,now he wants to pull this crap!i had no idea he was in canada untill he called me,and im scared to death.does he have a chance to get custody of the girls? they barely know him. im in nyc,btw.
 


stealth2

Under the Radar Member
A chance? Sure he has a chance. But noone can tell you what that chance likely - except a lawyer who knows all the details of the situation. But until you're actually served with papers, I wouldn't lose too much sleep.
 

LdiJ

Senior Member
lonelyandsad said:
What is the name of your state?-by i have full custody of my 14 month old twins daughters,their father gets them 1 month in the summer and 2 weeeks for xmas.the loast time i heard from him was august,when he vrought the girls back from minnesota(where he lived).i have not heard from him or gotten any child support for 3 months,then out of the blue,he calls from canada(of all places) and says hes filing for custody of the girls,claiming im not allowing him contact with them,which is a lie! he knows my phone number,he could call anytime,now he wants to pull this crap!i had no idea he was in canada untill he called me,and im scared to death.does he have a chance to get custody of the girls? they barely know him. im in nyc,btw.
I think that you should consult an attorney right away. If he is currently living in Canada, and he has visitation rights during Christmas I would be VERY leery of allowing him to take them at Christmas without some safeguards in place.

Otherwise, he might just decide to keep them (since he is threatening to file for custody). It could be complicated to get them back (and expensive).
 

casa

Senior Member
It's unlikely a judge would take custody away from a custodial parent and give it to a non-custodial parent just because they ask for it. (Or children would become yo-yos in the system) The father would have to prove there is a reason for him to have custody ie; that you are not a fit parent. Check your states family law codes online to see what your state deems an unfit parent to be.

I agree 100% with LdiJ~ File immediately in court for modification if you believe the father is in Canada. You do not want to send your child(ren) out of the country without a court order addressing their return. Especially when the father is threatening to take custody!
 
More to this story?

He was in MN...now he calls from Canada? Why is he there? For how long? You're in NYC -- what state issued the divorce decree?

Sounds like he's steamed. Regardless, threats are seldom a good idea. What's limiting his visitation, in his opinion? I wonder why he doesn't feel that he can have a meaningful role via a telephone call with two 14-month olds? Couldn't he FedEx a daiper change every once in a while?
 

snostar

Senior Member
Plus, he has to file in the court that has jurisdiction. If that is NYC, that is where he will showing up for court.
 

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