Custody issues??? please help!!?

Question

a bit of info:

a friend of mine was married for 3 years, had a son. they get divorced, she received full custody. she and the man rekindled their relationship, got together, got pregnant and moved in together. she had twins. they never remarried.

current: they split up again,

current: it didnt work out. she wanted to move out, told him she wanted to take all of the kids. no problem, right? WRONG!

when the moving company came, he wouldnt let them take anything of the kids...so, she left. she has hired attorneys, gotten jacked around, and still doesnt have her kids. if no custody has been established for the twins, wouldnt she still legally be able to get 50/50? and wouldnt she still have legal custody of the first child? no other legal action has been taken and neither one of them has gotten remarried. any help is appreciated!

Answer 1

Why would she want to keep the children from the father. He was good enough to marry, have 3 kids with, and get back together. He should be an alright daddy then. He is playing hard ball because the chick screwed him over once. Smart guy!

First off she needs to get into court. Her attorney should help her with the filing of paperwork for custody and visitation.

The first order regarding the first born child should still be in effect, however it will be tough to hold up and she will look like a fool trying to enforce the order after she moved back in with the guy and had two more children. I wouldn't try to go there if I were her. If there is no custody or visitation order with the twins, she has every right that the father has. So she can go get them at school, child care, and whatever. I wouldn't go there either, it will put the kids through a rough time.

Do it legally, get an attorney and file the necessary papers. She can do it herself with the help of the family law facilitator which most local courts have. There are also plenty of low cost and self help services available. She can possibly file an "ex parte" hearing. This will call an emergency hearing allowing her to get a temporary order for custody and visitation. It happens within a few days. There tough to come by because they are generally reserved for emergency involving abuse, neglect, and life threatening matters. In this case, it is neither, your "friend" is getting punked and getting a taste of her own medicine. Sucks huh?

You're going to have to do it legally and with an attorney.

Lastly, she is a douche for keeping the guys kid from him in the first place. Unless he beats the children or causes them some sort of harm then who cares. She caused harm by alienating the children from there father, in a sense she caused emotional harm on the children. Maybe it is best for her to have visitation only.

Answer 2

In my state a mother can ride by the house of her child ( as long as the father doesnt have sole custody) and call her childrens name from her car and put them in the car and take them and there is nothing the father can do.  I advise her to ride by regularly if she sees them in the yard put them in the car and haul butt until she goes to court.  Is the father on the birth certificate b/c if he isnt then he has no rights to any of the kids.

Answer 3

ya, she has the right to take her children...but if it gets nasty then the only ones getting hurt are the kids. you should post this question in the legal section...they have professionals that look at that.

Answer 4

Since she already has full custody of the first child then that kid is hers but now she has to go get custody of the other two because if she doesn't they are the ones he can keep.  He just can't keep them away from her because even though they are separated they both have custody at this moment.

Answer 5

If no custody has been established for the twins, EITHER parent has the right to them. If I were her, I'd be totally sneaky, move back in and snatch them at the first opportunity.

Answer 6

it's a crazy situation, I believe she still has full custody of the first child, and yes she is in tittled to 50/50 custody of the twins, if no further legal action as been taken.

Hope That Helped.