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View Full Version : Can I take my children with me to FL if their mother and I are not divorced.


djlinneken
Oct 14, 2010, 07:34 PM
She has been arrested for armed robbery, accessory to an armed robbery, common law robbery and violation of probation. Not to mention 5 counts of child neglect which were later dropped. I have my own record but stupid things when I was younger. Hers are recent from this year. I have a home in FL. They would not be living in gov't housing because I own an actual home. The school system is much better than up there. Everything, in my opinion is btter. My oldest is down with me and his life has drastically changed. I have family support down here. She is in NC. Now she has family, she lives with her mother, but they do not care about my babies. They let them do bad in school, they can't help them with homework because they don't know how to do it. My babies beg to come down with me. They are scared of their mother. The mother has smoked crack in front of them, exposed them to a lot of things babies should never see. I want sole custody and want her to have visitation with them. We are both felons. Mine was from 8 years ago and I have risen above. Hers were from last year and this year. She allowed her boyfriend (we are still married) to beat my oldest and she has beat him as well and threatened to send him off to juvi, that is why I was able to send him down to family in fl before I got there. Can I just go to the house and take them? She tells me she wants joint custody. I know it's because she wants her gov't help. With out the kids, she looses the house the gov't provided in the ghetto, medicaid and $1000 in foodstamps ( a card she always sells for crack and a new one has to be re mailed every 3 months) I fear for my babies. I'm just afraid my past will haunt me and I will not be awarded sole custody of them. Please help

ScottGem
Oct 14, 2010, 08:00 PM
Is there any court ordered custody in place? Is she currently in jail? If so, who is watching the children?

djlinneken
Oct 14, 2010, 09:33 PM
No court order in place. She is out of jail awaiting sentence but it will more than likely be to extend her probation and her mother helps her with the children.

ScottGem
Oct 15, 2010, 03:51 AM
If no court action has taken place then you can just go get the children. They are equally yours without court orders to the contrary. Where do you live now?

I would, however, consult a Family Law attorney first. You want to make sure you do everything legally to avoid future problems.