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legal help please

Ok I have two kids w/ my ex boyfriend, we was not married, and i left him for someone else. I got tired of being cheated on and lied to. Well i left the kids w/ him b/c for one he kicked me out of the house and two i had no car to take my kids w/ me. Well now i've been fighting w/ him to give me the kids or just let me see them more than 4 hours a week. B/c if i want to see them i have to go to his house and sit outside in the sun. Which don't get me wrong i'll do what i got to do to see my kids. Well my youngest son is 2 and my ex didn't sign the birth certificate so does he have legal rights over him? Does any one think i have a fighting chance of getting my kids. B/c now at this point i'm losing hope. The ex's gf sees my kids more than i do. I didn't want to take this matter to court b/c it will cost me $400 just for the papers to be filed. He is trying to get me for abandonment and childsupport.

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Anonymous

Asked by Anonymous at 12:49 PM on Aug. 6, 2009 in Relationships

Answers (9)
  • Do what you need to do to get your children back. Document everything that goes on and take pictures of you being at the house in the hot sun with your children. He does not have the right to keep you away from your children even if something was wrong with you, he does not have the right to keep the kids away from you...you can go to legal services and consult with an attorney who can give you legal advice....fight, fight, fight!!!
    mom2mybabes

    Answer by mom2mybabes at 12:52 PM on Aug. 6, 2009

  • Laws are different state to state.

    Try these websites

    www.womanslaw.org
    www.lawyers.com
    lawyers.com you can post your legal questions for free...

    I would not sit on this any longer...legal action needs to be taken..
    Dannee

    Answer by Dannee at 12:59 PM on Aug. 6, 2009

  • Damn this website. I just typed out a long answer and it didn't post.

    All states have where you can request the filing fee be waived if you qualify. Please contact your court's facilitator to ask them about rules of your state and what you need to do to file. Here in my state it's really cheap and they help you fill out the papers and explain the process. Second, if he is not on the birth certificate, then he cannot keep the child from you. He has no legal tie to him on paper. Even if he was on the birth certificate he couldn't keep the children from you if there is no parenting plan in place. Do you have an order that says he has sole custody? If there's no parenting plan in place you have just as much right to those kids as he does and he cannot stop you from walking or drving off with them during your next visit. He can't call the cops and say you kidnapped them. Is there a reason they're with him? Do you have a stable
    a_and_j_momma

    Answer by a_and_j_momma at 1:00 PM on Aug. 6, 2009

  • safe home for them? Do you have the ability to care for them? Are you abuse? Do drugs? Have someone unsafe around? If you're stable then you have a good chance of gaining custody of your children. Please contact your court facilitator (usually in the Supreme Court's office in your county) and they can get you the papers you need and let you know of legal resources in your area.
    a_and_j_momma

    Answer by a_and_j_momma at 1:02 PM on Aug. 6, 2009

  • He had the kids in the beginning b/c he kicked me out of the house and i didn't have a car and so i left them w/ him and now he won't give them to me. The sheriffs office said i can go get them but all he would have to do is turn around and take them away from me since we are both biological parents. I don't want to drag my kids from home to home over and over again. So now i need to get the custody papers going. I just don't see the judge giving him custody. He has no job, he has two other kids that he pays child support on and hasn't paid that in like 3 months so soon his licenses will be suspended.
    Anonymous

    Answer by Anonymous at 1:15 PM on Aug. 6, 2009

  • It doesn't matter if you think a judge won't give him custody or not because of other children he has...I've seen it done, therefore, the suggestion of you taking the kids on your next visit is the best solution. If he's not that good of a father, then why are you allowing him to control the situation? If you pick the kids up on your next visit, have the court papers ready for him and have someone serve him with them....you get the kids, take them to your home and wait for court to happen!
    mom2mybabes

    Answer by mom2mybabes at 1:24 PM on Aug. 6, 2009

  • Like I said before if i take the kids he will just follow me home and take them back. The sheriff has already told me that. And also the court papers cost $400 that i don't have. I'm not saying that the judge won't give him custody b/c of his other kids i'm saying that he won't be able to take care of them for the fact he has no job. He is a good father but as far as being an adult about things no. He is stuck on me coming home that he is trying to get to me.
    Anonymous

    Answer by Anonymous at 1:29 PM on Aug. 6, 2009

  • sounds like you need an atty anyway. Go to legal aid.
    admckenzie

    Answer by admckenzie at 1:59 PM on Aug. 6, 2009

  • thanks for all the answers. I've got an apt for a lawyer next wednesday. wish me luck
    Anonymous

    Answer by Anonymous at 2:01 PM on Aug. 6, 2009

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