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Home > Law > Family Law   »   Children want to be with mother and mother agrees.

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Old Jul 18, 2008, 08:00 AM
BxJohari
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Children want to be with mother and mother agrees.

Hello,I live in Jacksonville,Florida and I have been here since 11/05.I used to live in NYC and at one point I was having a very hard time with my living situation so I gave my ex-husband custody of our 2 beautiful sons(hesitantly) but I knew they would be in a better environment at that time in our life.I have only seen my boys 2-3 times since the divorce and communication was limited.Since moving to Fla I have learned how to use a computer and found my boys on MySpace and we were all thrilled to have found each other there.We are in contact with each other on a regular basis now and I got my youngest son minutes on his cell phone so he will be able to call me whenever he wants to or if he should have any type of emergency.Anyway my ex took the boys to Atl.Ga a couple of weeks ago and did not let us know they were there till they were on the way back to NY.We could have made arrangements to come to Atl to see them or pick them up and bring them back home with us.My boys are back in NYC now and are upset because they were not allowed to see us.They want to come back home to Fla.I am their mother and they have 2 sisters and 7 brothers here in Fla and we all miss them so very much.We all want them to come home and they want to come home and they say they are tired of living in NYC and they are tired of their dad continually dropping them off at his ex-girlfriends house and they don't know where he is.I am living on disability (SSI)637.00 a month and I have Sct8 housing assistance.I have spoken with my Housing Adviser and if I get my boys home I can add them to my lease and be eligible for a larger place.We would then move to a house preferably close to the Beach.I don't have much, but I love my sons dearly and all we all want is to be together as the family we are.I am happily single and have been since "04".My 18 yr old son is still living at home and helps me alot.We feel it would be in the best interest of all parties for the boys to come home.I would never stop their father from visiting them or corresponding with them in anyway shape or form.Thank you for your time and patience.DMM

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Old Jul 18, 2008, 08:07 AM   #2  
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Were you able to visit your sons before you didn't know where they were?
Is your x verbally telling you you are not allowed to see them or is he just 'conveniently' playing avoiding games by moving?
Did you ever go for a custody/visitation order?
What do your sons say about him not allowing you to see them. Like do they say he is telling them that he does not want them contacting or seeing you?
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Old Jul 18, 2008, 08:29 AM   #3  
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Quote:
Originally Posted by BxJohari
Hello,I live in Jacksonville,Florida and I have been here since 11/05.I used to live in NYC and at one point I was having a very hard time with my living situation so I gave my ex-husband custody of our 2 beautiful sons(hesitantly) but I knew they would be in a better environment at that time in our life.I have only seen my boys 2-3 times since the divorce and communication was limited.Since moving to Fla I have learned how to use a computer and found my boys on MySpace and we were all thrilled to have found each other there.We are in contact with each other on a regular basis now and I got my youngest son minutes on his cell phone so he will be able to call me whenever he wants to or if he should have any type of emergency.Anyway my ex took the boys to Atl.Ga a couple of weeks ago and did not let us know they were there till they were on the way back to NY.We coyuld have made arrangements to come to Atl to see them or pick them up and bring them back home with us.My boys are back in NYC now and are upset because they were not allowed to see us.They want to come back home to Fla.I am their mother and they have 2 sisters and 7 brothers here in Fla and we all miss them so very much.We all want them to come home and they want to come home and they say they are tired of living in NYC and they are tired of their dad continually dropping them off at his ex-girlfriends house and they don't know where he is.I am living on disability (SSI)637.00 a month and I have Sct8 housing assistance.I have spoken with my Housing Adviser and if I get my boys home I can add them to my lease and be eligible for a larger place.We would then move to a house preferably close to the Beach.I don't have much, but I love my sons dearly and all we all want is to be together as the family we are.I am happily single and have been since "04".My 18 yr old son is still living at home and helps me alot.We feel it would be in the best interest of all parties for the boys to come home.I would never stop their father from visiting them or corresponding with them in anyway shape or form.Thank you for your time and patience.DMM

You would need a Court Order to change custody - it's not whether you and the children agree. It's what the custodial parent and the Court think. You can't just pick them up (in Georgia) and "bring them back home." You meed formal Court custody in order to enroll them in school, provide for their medical care, add them to your Section 8 housing.

The Judge will look at all aspects of living situations on both sides and then make a determination. Often a legal law guardian is appointed to evaluate the circumstances.

Does their father know they are in contact with you on MySpace? And how old are they? Depending on their ages the Judge will listen to them - but the Judge doesn't have to do what they want.

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N0help4u agrees: exactly... she needs to give more details
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Old Jul 18, 2008, 08:33 AM   #4  
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You could go to court about it. The most important thing is what your sons want and it sounds like they want to be with you. Thats really cool that you have mantained a great relationship with them being across the country, shows you really care about them too.
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Old Jul 18, 2008, 08:35 AM   #5  
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I agree with Judy you have to go through the court

with him living in another state and you not visiting them through the years
and other things could work against you but it is very well worth trying.
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Old Jul 18, 2008, 09:04 AM   #6  
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Quote:
Originally Posted by love is abby
You could go to court about it. The most important thing is what your sons want and it sounds like they want to be with you. Thats really cool that you have mantained a great relationship with them being across the country, shows you really care about them too.


This is not sound legal advice - what they want is not the "most important" thing here.

The questions of why there has been so little visitation, has any support been paid, can the OP afford to support these children, even with help from the father, are going to be important. If the Myspace contact is behind the father's back (and I don't know that it is) that could very well be an issue, depending on the ages of the children.

Why the father has custody is going to be an issue.

More info needed -
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Old Jul 18, 2008, 10:40 AM   #7  
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I certainly understand that it is not up to me or the boys and I guess I did not make it plain when I noted the comment about "bringing the boys home" I meant to bring them home to visit while their dad was visiting in Atl and for them to come home for a couple of days while he was taking taking care of his business there.I was given visitation rights during the divorce proceedings.Due to transportation issues it was very hard for me to see the boys and everytime I made an effort it was met with constant resistance mostly due to the new girlfriend.I will not throw any dirt in the mix about my ex because I don't think that is called for but his girlfriend always put me down and I gave him the kids because I felt it was the best thing to do at the time for them not me or not for my ex. He decided not to make me pay child support.As far as the MySpace their father is aware of them having a page.I am fully aware that I need an attorney for this but I thought I would put it out here too not just for myself but for anyone else that might benefit from the answers given.I do appreciate all answers I am given.Thank you again.
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Old Jul 18, 2008, 10:50 AM   #8  
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All you can do is go and get your visitations reinforced -not that he would follow them anyway
In the meantime, keep reassuring your kids that you do love them but circumstances are out of your control. Let them know you will always be there for them and when they get to be 18 they are more than welcome to be with you.

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califdadof3 agrees: I agree with the first part but not the xecond part. Be aware that NYS runs its child support until a child reachs 21 years of age. Not just simple majority ( 18 )
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Old Jul 18, 2008, 11:07 AM   #9  
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Quote:
Originally Posted by BxJohari
I certainly understand that it is not up to me or the boys and I guess I did not make it plain when I noted the comment about "bringing the boys home" I meant to bring them home to visit while their dad was visiting in Atl and for them to come home for a couple of days while he was taking taking care of his business there.I was given visitation rights during the divorce proceedings.Due to transportation issues it was very hard for me to see the boys and everytime I made an effort it was met with constant resistance mostly due to the new girlfriend.I will not throw any dirt in the mix about my ex because I don't think that is called for but his girlfriend always put me down and I gave him the kids because I felt it was the best thing to do at the time for them not me or not for my ex. He decided not to make me pay child support.As far as the MySpace their father is aware of them having a page.I am fully aware that I need an attorney for this but I thought I would put it out here too not just for myself but for anyone else that might benefit from the answers given.I do appreciate all answers I am given.Thank you again.
ok there are a few issues that keep repeating. You refer to your boys returning home yet you say that you were in NYS at the time of your divorce. So really they have no clue as to what " home " really is. You mentioned other children but not which of those are still living with you ? If there is more the 1 and your disabled and living on short means then its an up hill battle. How old are your boys that are living with your ex ? Also realize that even though he has released you from paying child support that will no longer be the case if they should live with you. He will be forced to pay it. Something he may not be able to afford at this time.
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Old Jul 18, 2008, 11:08 AM   #10  
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Califdad:Be aware that NYS runs its child support until a child reachs 21 years of age. Not just simple majority(18)

But aren't support and their right to choose who they want to live with two separate issues.
I mean by 18 they are allowed to live anywhere they want and I wasn't even bringing up anything on child support issues.

I thought kids in any state were able to move where ever they wanted by their 18th birthday.
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