If get my children back to my state, can he come and get them back or does my custody rule in the state I am in.
209428
Only one person can have legal custody of the children.  Whoever has the most recent custody order has legal custody of the children.  \n\nProvided the court that issued the most recent custody order had jurisdiction to do so, its ruling counts in every state.  \n\nThe basis from this comes from the full faith and credit clause of the constitution.  One state can't ignore a valid ruling from another state.\n\nIf your dad has the most recent custody order and yo go get your kids, its kidnapping, if you take them across state lines, it become a federal offense.  You better make sure you know what you're doing before you take any action.
625201
well actually i have been to court for this and have been told that your ex can do that if he wants as long as he has someone there to watch the kids and not leave them alone or with someone not known to the child, who cares if they dont know you or you dont know them, as long as the child knows the babysitter. it is his weekend and if he wants to be away from his kids on his weekend then he could.you have your weekends and he has his, he could do that if he wants and so can you.good luck.
593328
Oooh, be very careful.  If this involves children, the judge can order a visit or two from CPS to your home because by dropping a restraining order, you are endangering the kids and yourself.  Judges don't like to do it, but they'll drop it.  Just keep in mind that there was a reason for your restraining order, and it may be best to just live it out.
169702
You have me CONFUSED here... you mean to tell me you are more interested in finding someone i.e. a date? (correct me if I am wrong) Than getting your CHILDREN back??? Finding a man should be the LAST thing on your mind I would think, if he has taken your kids, I would fight to my death for my kids?????\n\nYea... you know I really wonder what's going on here... I mean if your kids are 6 & 8 and you were only with him for 3 years... the Math doesn't add up.  Is he even the father of these kids?  And there must have been some problem if the courts took them away.  Maybe you should spend some time working on you before looking for a man or even considering getting your children.  It sort of sounds like they might be better off with their Father if that's the case or where ever the judge decided to send them.  My BEST suggestion is to work on YOU and the rest will come don't go looking for another MAN just yet.  GOOD LUCK!
385467
I don't know if you are living in the same jurisdiction as when your divorce took place, but the best suggestion right now is to:\n\nGO BACK to court, file for Change of Physical Custody, and DO File with your State's Child Support Enforcement branch for a MODIFICATION of Child Support for this child where the Physical Custody is NOT with the one designated in the original divorce decree.\n\nThe FATHER has made it pretty clear - and if you flew him out there and just left him on the doorstep of the dad -- well, you COULD be arrested and charged with Child Abandonment (a Felony!) -- so PLEASE do NOT do that at this point in time!\n\nThis child did something REALLY, REALLY Horrible to have the custodial parent say NO! I DO NOT Want you here anymore -- perhaps property damage, thefts, into drugs or other problems -- who knows (it is not specified) -- but that IS a problem -- do you KNOW of what this child did in the PREVIOUS home?  WHY he was taken to you after the Dad had custody for so long?\n\nBE AWARE of these legal problems and the child's own behaviors too.  Can you take the child to a THERAPIST/Psychiatrist and get him properly diagnosed/medicated and continue with treatment?
47398
Everyone seems to be mentioning a will, and that is correct.  In your last will and testament you can name a guardian for your children in the event of your death.  \n\nHowever, if your ex-spouse wants to take custody, he/she will probably win over your proposed guardians as natural parents are preferred over non-parents in custody battles.
42383
Are you bound to the state you are in because of being the custodial parent and your divorce decree states you must get permission from the court? I would suggest you speak to your divorce lawyer for correct advice. \n Or If you are on probation or paroll or something like that, in which you would need very specific permission from the correct authorities .\n Otherwise, I don't think there are any prison states... at least not yet, so we are still 'free' to move anywhere in this country, reguardless of our maritial status...
433470
Well this is what u need to do. Go to the court house have the dad sign over custody then u will have temporary custody intill the next date when u gey full custody.
162750
every state has different child custody laws. this is what mine are:  i moved from cali to texas when my daughter was 3 months old her father stayed in cali. the order was that i had full physical custody and joint legal custody which means i have her all the time but if anything happened, like god forbid and accident, he would have a say in the matter. now that she is 6 she has to see him at least twice a year for at least a week but that is with me there and we split the cost of airfare. alot can be done and you have a while before you have to worry about that.in my experience i have learned that most family courts are in favor of the mothers and a baby needs his/her mother the first year most. stay strong it will all work out. congratulations!
535493
this is a tough one.  its hard to find your balance after a divorce.  do you think he wants you back or is he trying to maintain some kind of friendship?  i think you should just tell him.  if he severs contact with the kids then maybe thats not such a bad thing for them.  why should they have to deal with a sometimes dad who doesnt put them first?  if he is that immature then maybe they are better off.  it is hard to make decisions that may do harm on your kids especially when they are too young to truly understand.  my ex does the same thing.  i just limit the contact as much as possible.  also when he calls, you could just put one of the kids on the phone.  eventually he would get the point.  good luck.
371399
"Any thoughts on family law. Advise please!? My question is in regards to visitation, child support and child's well-being.  My 5 yr old son's father used to be very regular on child support payments and visitation. 2 years ago I remarried and began going to counselling because of problems with or son. In this time we discovered he had a problem with transitions. We got my son's father to come to a meeting and he agreed to help anyway he could. About year ago, he decided to take on a new job which was supposed to pay off some debt he had. His visitation became less frequent and payments started becoming late. I confronted him on his decision as my son was already getting very upset about less visitation, Plus he was acting out. Then last April he went on a trip for a month overseas. He kept up his payments but his visitation was getting worse.Now both visitation and payments are declining. He is not phoning to say he can't make it my son is very upset. What can I do from a legal standpoint? What are my son's rights? Thank you."\n\nThere is no quick answer to your question.\n\nYou have two separate issues that are not really related in the eyes of the law.\n\nFirst, there is the problem of irregular visitation by the non-custodial parent and the impact it has on your child.  Unfortunately, there's nothing the Court can do about that and as you already know, you'll be challenged in your own attempts to deal with it.\n\nLet me stress that in response to your amplification on the question (here and elsewhere): There is nothing you can do in a legal forum to make a dad a better dad.  If you feel that your child's interaction with his father is detrimental to the child, then you can ask a judge to have visitation reduced or entirely eliminated (though usually the father has to be unfit in order to justify such actions).  I understand that it's a rough set of circumstances, but unless there is abuse or neglect-- that is causing actual physical harm to your son or a failure to thrive-- the courts and even governmental agencies like Child Protective Services (or DCFS, etc.) are powerless to act.\n\nIt isn't the role of government to make people better parents.  You picked the father and had a child with him.  That means dealing with him-- and all the problems he brings along-- at least until your child is 18 years of age.  That's just the reality of it.  And no court can change that.\n\nSeparate the issue of visitation and child support in your mind-- and then call the child's father and-- focusing on the psychological needs of your child-- ask that the father make more frequent phone calls to his child and that he try to keep up with the visitation schedule better.  Try to be understanding about your ex's situation-- because being snippy and accusative with him won't get the results you want for your child.  \n\nAgain, in response to your amplification, even if you've been patient for a very long time and you have now run out of understanding and patience, if it's your child that you care about then you'll remember honey's the best way to catch a fly.  That it isn't too much too ask for the father to keep his visitation schedule isn't what's going to get him involved.  If you nag, he won't want to come around.  If you hound him, he won't want to come around.  If he owes support and doesn't want to feel guilty about it, then he won't come around.  You have a lot to do with whether or not he'll come around to spend time with your child.  \n\nSecond, there's the separate issue of child support.  Back child support is something the Court can and will do something about.  In fact, you don't even have to go to Court-- your state has a child support enforcement agency mandated by federal law that will help you collect back child support.  \n\nI'd start by contacting them and filling out an application to get their ass
587059
My ex pulled stuff too. Your ex will probably get away with it. Just concentrate on the custody. People like your ex will find a way of getting out of paying and you don't want someone like him raising your child.
578436
leaving to a friends house is not kidnapping. and call his bluff, if you take care of them just as well if not better, they wont just give full custody to someone. most states are joint physical custody anyway...good luck...
196147
I'm not an attorney so the best person to ask would be to have a free consultation w/ an attorney you find in the yellow pages. But from my understanding you can revoke his visitation rights w/ a modification to the decree/order. If he tried for shared parenting later it all depends on the circumstances and the judge but it is possible.
116639
I think you should take him back. As long as you think he'll be good with the kids, I think you should not deprive them of thier father.
613585
yes they will go after him for back support. i live in Illinois and my daughters father lives in Colorado. we were married for 7 years. when i divorced him he totally stopped supporting her. for the past 5 years the state has collected child support from him. he demanded a paternity test so i went along w/ it and took one. the state told him if it shows that hes the father he has to pay the cost of the test, and guess what he had to pay the cost. he was just trying to get out of paying, he was trying to stall. but that only worked for so long. they will go after support all the way back till the day he was born.
532645
WHY WOULD YOU WANT HIM BACK?\n\nWHY WOULD YOU SIT THERE AND WAIT FOR HIM TO DECIDE WHAT YOU ARE GOING TO DO WITH YOUR LIFE?\n\nTAKING HIM BACK WOULD TEACH THE WRONG MESSAGE TO YOUR CHILDREN.\n\nIT'S BETTER FOR THEM TO COME FROM A BROKEN HOME THAN TO LIVE IN ONE.\n\nYOUR HUSBAND JUST DOESN'T WANT TO BE RESPONSIBLE FOR ALIMONY AND CHILD SUPPORT.  BUT IT'S WHAT YOU DESERVE FOR HIS INFIDELITY AND ABANDONMENT.\n\nYOU SHOULD CHANGE THE LOCKS AND GET A TEMPORARY RESTRAINING ORDER.  WORK OUT VISITATION DETAILS IN A DIVORCE DECREE.\n\nYOU SHOULD NOT ALLOW YOUR CHILDREN TO SEE HIM ABUSE AND CONTROL OU LIKE THIS, AND THEY SHOULDN'T SEE YOU ALLOW IT TO HAPPEN OR ACCEPT IT WHEN IT DOES.\n\nHE HAS CLEARLY MADE HIS CHOICE AND IT IS NOT YOU OR HIS OWN FAMILY.  HE HAS STARTED A NEW ONE AND REPLACED YOU.  THERE'S NOTHING THAT CAN EXPAIN, JUSTIFY, OR MAKE THAT ALL RIGHT.\n\nWHY GIVE HIM ANY CONTROL OVER YOU?  HE'S NOT WORTH IT.