Can mother keep her children if father has temporary custody of them. He lied to get this. I ask him to keep them during an ice storm because my ele. Was out, when it was restored I went to get them he wouldn't let me have them

Is this Court-ordered temporary custody? Otherwise, the person the children live with has control of them.

Go to Court - or go back to Court - and ask for custody (or a change in custody).

Court order, but I was never notified of this, he lied and told the judge he didn't know where I was. He just had pick them up at my house

Then go back and get it overturned. How long has it been since it changed?

Was custody EVER established prior to this? How old are the children? How long was your electric out? Can you show that the children lived with you and the father knew where you lived?

The bottom line is still that you need to go to the court and ask that the custody order be vacated or that a new hearing be set since you were not informed of the hearing.

If the facts are as you stated and you can prove that the father lied, you should have no problem regaining custody. Also, if his custody was temporary, then that means that a follow-up hearing was probably scheduled. So you need to find out about that by going to the court and getting a copy of the proceedings.

Was custody EVER established prior to this? How old are the children? How long was your electric out? Can you show that the children lived with you and the father knew where you lived?

The bottom line is still that you need to go to the court and ask that the custody order be vacated or that a new hearing be set since you were not informed of the hearing.

If the facts are as you stated and you can prove that the father lied, you should have no problem regaining custody. Also, if his custody was temporary, then that means that a followup hearing was probably scheduled. So you need to find out about that by going to the court and getting a copy of the proceedings.
No custody was never established. They are 5 and 3. My ele. Was out for about 2 weeks.Yes I can show that they lived with me, I have papers stating that he was ordered to pay back child support and medical bills, plus where the 5 ( 4 at the time) was enrolled into school. I tried to get things done when this happened, but everyone at the clerks office kept on telling me to get a lawyer, in which I cannot afford. The ice storm was Feb. 2009. He also let his brother claim the girls on his taxes so he could get earned income on them and they split the money. He could not claim them because the IRS would take his for back child support, this is also why his does not work. He does volinture work so he can receive K-TAP. He puts the girls into daycare (also paid for by the state). I work, I have my own place (he lives with his mother)

First, if you were awarded support then custody WAS established. Support is only awarded to the custodial parent. So you need to produce that court order.

You are saying that the electricity was out in Feb 2009 and he has had custody since then? That is going to work against you. You need a statement from the utility that your electricity was out during that time.

Try checking with a local law school. Many of them run clinics to help people who can't afford legal representation. If you need work preparing the petitions.

But you also need to NOT listen to the clerk's. Tell them firmly, that you want the forms you need file to overturn the custody order. Family courts are used to having people go pro se (representing themselves).

Where are you located? When asking a question about law we need to know your general area as laws vary. If we know the general area we may be able to help further.

But frankly, I don't understand how this can have dragged on for 18 months. Are you saying you haven't seen your children in that time?

No custody was never established. They are 5 and 3. My ele. was out for about 2 weeks.Yes I can show that they lived with me, I have papers stating that he was ordered to pay back child support and medical bills, plus where the 5 ( 4 at the time) was enrolled into school. I tried to get things done when this happened, but everyone at the clerks office kept on telling me to get a lawyer, in which I cannot afford. The ice storm was Feb. 2009. He also let his brother claim the girls on his taxes so he could get earned income on them and they split the money. He could not claim them because the irs would take his for back child support, this is also why his does not work. He does volinture work so he can recieve K-TAP. He puts the girls into daycare (also payed for by the state). I work, I have my own place (he lives with his mother)


You say custody was Court ordered; now you say it is not.

YOU NEED TO GO TO COURT AND GET CUSTODY/VISITATION ESTABLISHED. Why have you waited since February 2009 - 17 months - in order to address this?

If you are saying IRS fraud was involved and you were aware of it, why was it not reported?

Are you receiving - or paying - child support by Court Order? It sounds like you are, like this is not a "side" agreement.

It can't be both ways - either this is Court ordered (and you weren't notified... or something) or it is not.

I think what the OP is saying is that the father got an emergency temporary custody order after the mother left the kids with him during her loss of power. To get that order (which would have superceded her order) he lied that he didn't know where she was.

But I agree that some of this doesn't make sense. I can see a court issuing a temp order, but I can't see that order remaining in effect for 17 months. If the father refused to return the kids when power was restored, she should have gone to the police with her paperwork. If he had gotten the temp order the police may not have allowed her to take them, but she should have had no problem getting the order overturned.

You say custody was Court ordered; now you say it is not.

YOU NEED TO GO TO COURT AND GET CUSTODY/VISITATION ESTABLISHED. Why have you waited since February 2009 - 17 months - in order to address this?

If you are saying IRS fraud was involved and you were aware of it, why was it not reported?

Are you receiving - or paying - child support by Court Order? It sounds like you are, like this is not a "side" agreement.

It can't be both ways - either this is Court ordered (and you weren't notified ... or something) or it is not.
Temporary custody was giving to the father during the ice storm, I was never notified of this to go to court or anything. I do not receive or do I pay support I was never order to do this ,the father was when I had the girls. I tried to get something done the whole time but everyone kept telling that I have to get a lawyer to get this done. I have tried to contact our county attorney several times but no response. I was told that when the DNA returned that the father had a right to the children.The IRS was notified, they haven't done anything. I told them myself

First, if you were awarded support then custody WAS established. Support is only awarded to the custodial parent. So you need to produce that court order.

You are saying that the electricity was out in Feb 2009 and he has had custody since then? That is going to work against you. You need a statement from the utility that your electricity was out during that time.

Try checking with a local law school. Many of them run clinics to help people who can't afford legal representation. If you need work preparing the petitions.

But you also need to NOT listen to the clerk's. Tell them firmly, that you want the forms you need file to overturn the custody order. Family courts are used to having people go pro se (representing themselves).

Where are you located? When asking a question about law we need to know your general area as laws vary. If we know the general area we may be able to help further.

But frankly, I don't understand how this can have dragged on for 18 months. Are you saying you haven't seen your children in that time?I live in Garrard Co. Ky. Yes I have seen my children, when he will allow this to happen (when his is in good mood) I call all the time when he will answer the phone, I have went there to see them sometimes he will shut the door in my face. I can hear the girls crying, this really hurts. I did not know that this could be overturned, You have told me more than I received at the court annex

Since custody was awarded to you via the support order, the father has a right to visitation. He does not have a right to falsify information to obtain a court order changing the original order.

Again something doesn't smell right here. If I were you, I would have been camped out at the county attorney's office to demand an explanation about how he could have gotten away with this. I can't understand how this could drag out so long.

I've given you several options to pursue. I'm going to assume that you are calling around to local law schools today. I would assume that you will try to see someone tomorrow. If you can't find a law clinic, then I would be at the county attorney's door 9AM tomorrow morning. I would loudly demand to see the CA because you want to know how he can allow a deadbeat father to steal your children from you! Reporters often hang out at such offices, so if you are loud enough, they will see you to shut you up or, if a reporter approaches you talk to them. Show them your documents, see what help they can provide.

I live in Garrard Co. Ky. Yes I have seen my children, when he will allow this to happen (when his is in good mood) I call all the time when he will answer the phone, I have went there to see them sometimes he will shut the door in my face. I can hear the girls crying, this really hurts. I did not know that this could be overturned, You have told me more than I recieved at the court annex

I can't find specific info for Garrad Cty Family Court. So I would recommend you follow my previous advice about looking for a law clinic or camping out in the County Attorney's office.

On the IRS issue. Did his brother claim the kids for 2009? Does he live with his brother? If so, since he apparently had the kids living with him for almost all of 2009, then he probably was correct in claiming them. However, he had filed for years when they lived with you that would be fraud and you should be following up with the IRS.

You have to understand that you are dealing with government bureaucracy here. Often you run across people who don't want to deal with controversy or even do their job. So they will keep putting you off until you make waves.

Have you obtained a copy of the court order awarding him custody? Does it list the judge who signed the order? Have you tried contacting that judge directly? Judges don't like to be lied to.

can mother keep her children if father has temporary custody of them.

403.280 Temporary custody orders.
(1) A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in KRS 403.350. The court may award temporary custody under the standards of KRS 403.270 after a hearing, or, if there is no objection, solely on the basis of the affidavits.

403.350 Affidavit required with motion for temporary custody order or for modification of custody decree.
A party seeking a temporary custody order or modification of a custody decree shall submit together with his moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his affidavit, to other parties to the proceeding, who may file opposing affidavits.
Crouch v Crouch, 2005-SC-0761-DGE
Agreed /or not contested/ temporary custody order IS custody modification.

So, he got temporary custody in February 2009 and you have never contested it??

So, he got temporary custody in February 2009 and you have never contested it?????

I think the problem here is she didn't know HOW to contest it and got no help from anyone on how to do so. But to let this go on for more than 17 months boggles the mind.

That's great research by the way. Does it say anything about penalties if the affidavits are falsified?

Comments on this post
JudyKayTee agrees : And there's either an Order or there's not -
I believe there was an initial order giving the OP custody and support. Then the father obtained a modification order when the kids were left with him because of the electrical outage.

I can't find specific info for Garrad Cty Family Court.

Address:
Garrard County Courthouse Annex
7 Public Square
Lancaster, Ky. 40444

Phone Number:
859-792-2961

You can try this:

Volunteer Lawyers for Appalachian Kentucky
Primary Address: 121 N. Front Ave
City: Prestonsburg
State: KY
Zip: 41653-1204
General Phone: 606-886-3876

Counties Served: 37 Counties: Adair, Bell, Breathitt, Casey, Clark, Clay, Clinton, Cumberland, Estill, Floyd, Garrard, Harlan Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lincoln, Madison, Magoffin, Martin, McCreary, Monroe, Owlsey, Pike, Powell, Pulaski, Rockcastle, Russell, Wayne, Whitley, Wolfe

Case Types: AIDS/HIV, Bankruptcy, Consumer, Custody, Dissolution of Marriage, Elder Law, Employment, Housing, Public Benefits, Wills and Estates, Paternity

Their web-site
http://www.vlakofky.org/

V.L.A.K. OFFICE STAFF
207 West Court Street, Suite 201
Prestonsburg, KY 41653
Phone: (606) 886-8136
Toll Free (800) 678-8525
Fax: (606) 886-8137

You can try this:

Volunteer Lawyers for Appalachian Kentucky
Primary Address: 121 N. Front Ave
City: Prestonsburg
State: KY
Zip: 41653-1204
General Phone: 606-886-3876



Out of greenies but that's great.

LynMad, promise me you will be calling those people as soon as their office is open (assuming its closed today).

I think the problem here is she didn't know HOW to contest it and got no help from anyone on how to do so. But to let this go on for more than 17 months boggles the mind.

That's great research by the way. Does it say anything about penalties if the affidavits are falsified?

Comments on this post
JudyKayTee agrees : And there's either an Order or there's not -
I beleive there was an initial order giving the OP custody and support. Then the father obtained a modification order when the kids were left with him because of the electrical outage.
You are so right, I got no help or advice until I done my research. I don't know I don't have the papers with me

Out of greenies but that's great.

LynMad, promise me you will be calling those people as soon as their office is open (assuming its closed today).
PROMISE!! Yes they closed today. Thank you so much for all your help!!

When you talk to them, tell them you are primarily looking for help in filing the forms to contest the temporary order. Tell them it was obtained fraudulently and that you feel the order will be overturned if you can just get it in front of the court. .

Keep us posted, and good luck!

I can't find specific info for Garrad Cty Family Court. So I would recommend you follow my previous advice about looking for a law clinic or camping out in the County Attorney's office.

On the IRS issue. Did his brother claim the kids for 2009? Does he live with his brother? If so, since he apparently had the kids living with him for almost all of 2009, then he probably was correct in claiming them. However, he had filed for years when they lived with you that would be fraud and you should be following up with the IRS.

You have to understand that you are dealing with government bureaucracy here. Often you run across people who don't want to deal with controversy or even do their job. So they will keep putting you off until you make waves.

Have you obtained a copy of the court order awarding him custody? Does it list the judge who signed the order? Have you tried contacting that judge directly? Judges don't like to be lied to.For the tax of 2009
His brother and the father lived with their mother, His brother just got out of prison a few of months before that (2009) the both are a convicted felon. His brother did not support the girls. The father receive K-TAP and food stamps. He said he can't work or file because they would take his money for back pay and they would garnish his wages. So he let his brother claim them to get EIC and they split the money.

For the tax of 2009
His brother and the father lived with their mother, His brother just got out of prison a few of months before that (2009) the both are a convicted felon. His brother did not support the girls. The father recieve K-TAP and food stamps. He said he can't work or file because they would take his money for back pay and they would garnish his wages. so he let his brother claim them to get EIC and they split the money.

I would then press the IRS on this issue. For the brother to claim them, he would have to prove that he provided 51% of their support during 2009. If they were both living with their mother, then it would be hard to prove that.

I have papers stating that he was ordered to pay back child support and medical bills,

Legally it has to be retroactive child support.Not back child support.
Have in mind he is entitled to receive child support from you for these 17 months,too.
My advice :
Get all documents about that custody modification from him.


... or ask for a copy from the court.

Legally it has to be retroactive child support.Not back child support.
Have in mind he is entitled to receive child support from you for these 17 months,too.
My advice :
Get all documents about that custody modification from him.


...or ask for a copy from the court. He was ordered to pay + backpay. What do you mean by "retroactive" I don't understand. He's not going to give me nothing but a hard way to go. I have the papers stating all of this.

He was ordered to pay + backpay. What do you mean by "retroactive" I don't understand. He's not going to give me nothing but a hard way to go. I have the papers stating all of this.

GV was being technical in use of terms, which is a good idea when dealing with the law. The correct term is retroactive support payments which are payments from a period before the support order is issued. States vary on how much retroactive support is allowed. Usually they only go back to the date of the filing for support. Some will go longer depending on circumstances.

Sounds like the father is a deadbeat who won't work because they will take support from his wages.

GV was being technical in use of terms, which is a good idea when dealing with the law. The correct term is retroactive support payments which are payments from a period of time before the support order is issued. States vary on how much retroactive support is allowed. Usually they only go back to the date of the filing for support. Some will go longer depending on circumstances.

Sounds like the father is a deadbeat who won't work because they will take support from his wages.
Lets just hope the judge will see it that way also, He is a dead beat, I wished that I never ask him to keep them during the ice storm, but I was just thinking of the girls, plus if he had found out that I had no ele. Then he would have called DCBS on me.He is just a "ME" person only thinks of himself.again thanks for your help.

Lets just hope the judge will see it that way also,

I don't think you need to even go that far. If he signed an affidavit that said he didn't know where to find you when you can show you have lived in the same place for a period and that he knew where that was, then that alone should be enough to overturn the custody order.

I don't think you need to even go that far. If he signed an affidavit that said he didn't know where to find you when you can show you have lived in the same place for a period of time and that he knew where that was, then that alone should be enough to overturn the custody order.
Thanks again, I have a court date set for 8-05 to see the judge. They said that I would need to mail or hand deliver the father a copy. Do I have to do this? He did not notify me. I know that 2 wrongs does not make it right, but, I guess I need to do the right thing. Got any suggestions? Got all my papers together on how long that I have lived here child support order that was from the child support office.Once again THANK YOU

Yes, you MUST serve him notice of the hearing. If you don't he can get the judgment overturned because he didn't have an opportunity of due process. This is the same argument you are using against him.

Good luck and keep us posted.

Yes, you MUST serve him notice of the hearing. If you don't he can get the judgment overturned because he didn't have an opportunity of due process. This is the same argument you are using against him.

Good luck and keep us posted. Yes, you are right. I will have it mailed certified, so I can have prove of mailing it.I will keep you posted .

Yes, you MUST serve him notice of the hearing. If you don't he can get the judgment overturned because he didn't have an opportunity of due process. This is the same argument you are using against him.

Good luck and keep us posted.
Well I did mail the notice on Fri. 30th. Went to court today (Aug 5). He did not show up. I told the judge everything and I had all my paperwork to prove everything. He set another court date for next Thursday at 1:30. He said he was going to summonds him, if he does not show up then he would arrest him. So why didn't he just give the girls back to me, I wasn't there on his court date. I notified him and didn't me and the judge gave him temp custody. What was the difference, It just doesn't seem fair to me. He can lie and get the girls and I tell the truth and I don't have them, I have to wait for another court date, WHAT IS WRONG?

Well I did mail the notice on Fri. 30th. Went to court today (Aug 5). He did not show up. I told the judge everything and I had all my paperwork to prove everything. He set another court date for next Thursday at 1:30. He said he was going to summonds him, if he does not show up then he would arrest him. So why didn't he just give the girls back to me, I wasn't there on his court date. I notified him and didn't me and the judge gave him temp custody. What was the difference, It just doesn't seem fair to me. He can lie and get the girls and I tell the truth and I don't have them, I have to wait for another court date, WHAT IS WRONG?

You asked so Im going to answer. What is wrong?

First off this game playing that is going on will be put to a stop. That is what the judge wants. He doesn't want another default judgement. He doesn't want to continue to bounce the children around. He wants to make a be all and end all decision. He is making sure he either appears or it ends there. You have done your part. That is why he asked to wait it out a little longer. That is why its important to dot the I's and cross the T's. So stick with it a little longer. Your down to the finals. Don't blow it. Look yourself in the mirror and be glad your being heard. And now its loud and clear.
Thanks for the update.
Keep us posted.

You asked so Im going to answer. What is wrong?

First off this game playing that is going on will be put to a stop. That is what the judge wants. He doesnt want another default judgement. He doesnt want to continue to bounce the children around. He wants to make a be all and end all decision. He is making sure he either appears or it ends there. You have done your part. That is why he asked to wait it out alittle longer. That is why its important to dot the I's and cross the T's. So stick with it alittle longer. Your down to the finals. Dont blow it. Look yourself in the mirror and be glad your being heard. And now its loud and clear.
Thanks for the update.
Keep us posted.
Thank you, I just want my babies to come home. I miss them soooooooo much. I was hoping that today they would get to.I heard from a relative of his that she called DCBS for abuse on the little one (TAYLOR) It is killing me. Why didn't they (DCBS) notify me about this. I should have got them then. When they checked in on it several times. I should have known. I'm going there tomorrow to talk to them, maybe they will go to court with me on Thur.

The judge insued a warrant for is arrest, he did not show up for court. Now all I have to do is find him to get my girls back. Talked to DCBS and they won't give me any info concerning their investacation. I guess when the warrant is served then there will be another court date. Thanks again for all your help.

Report it to the FBI. If he is hiding your children from you, that's parental kidnapping and they may be able to help.

Thank you for keeping us posted. Sorry you have to go through this crap. You have done what you can and now you have to depend on the long arm of the law.

I told the judge everything
Just curious:
What is the judge's name?Where is located the court? In Lancaster,Bryantsville or Paint Lick?

Just curious:
What is the judge's name?Where is located the court? In Lancaster,Bryantsville or Paint Lick?

I think posting the judge's name goes beyond our rules of no personal info. Lyn, If you wish to provide GV with the information (and I think he's trustworthy), please do so via PM.

Just curious:
What is the judge's name?Where is located the court? In Lancaster,Bryantsville or Paint Lick?

Dixen, Nicholasville (where he lives) Jessamine Co. I live in Lancaster

I think posting the judge's name goes beyond our rules of no personal info.
Why? The judges are not anonymous.


Dixen, Nicholasville (where he lives) Jessamine Co. I live in Lancaster
I was sure that there is no family division in Lancaster but I thought it was located in Bryantsville or Paint Lick.

Well the warrant was servered, I was on my way to pick up the girls until I learned that he had been released on a 100.00 bond, so he was only in there for about 30-45 min. How can this happen? Failure to appear and he is out. This is so crazy. I get my hopes up and they are let down again and again.

I think posting the judge's name goes beyond our rules of no personal info. Lyn, If you wish to provide GV with the information (and I think he's trustworthy), please do so via PM.

Well the warrant was servered, I was on my way to pick up the girls until I learned that he had been released on a 100.00 bond, so he was only in there for about 30-45 min. How can this happen? Failure to appear and he is out. This is so crazy. I get my hopes up and they are let down again and again.

I'm a little bit confused here, You have a court order giving you custody, correct? He was served with a warrant for contempt. Did you expect that was going to get him kept in jail?

If you were on the way to pick up the girls why did you stop? You knew where they were so go get them. If he refused to hand them over, you park outside the house and call the police and have them come enforce the order.

I think posting the judge's name goes beyond our rules of no personal info. Lyn, If you wish to provide GV with the information (and I think he's trustworthy), please do so via PM.

Scott, I gave him a greenie for you. He's very smart. Is that OK?:)

I'm a little bit confused here, You have a court order giving you custody, correct? He was served with a warrant for contempt. Did you expect that was going to get him kept in jail?

If you were on the way to pick up the girls why did you stop? You knew where they were so go get them. If he refused to hand them over, you park outside the house and call the police and have them come enforce the order.

The judge told me to go get them when he was arrested, the only papers that he signed was the warrant.Yes I thought they would keep him until the next court date, because he told me to call after he was arrested to find out the next court date. No, the judge has not gave me custody of the girls yet, he said that Donnie would have to come to court, that is why he issued a warrant for his arrest. But if he was arrested for me to go and get the girls. I know this does not make any since, It didn't to me either.So, are saying that I can go get them now that he has been arrested, but released. I don't have a court order.He was served a warrant for Falure to Appear. I'm confused also.

Court date is Sept 16 at 9:00

Court date is Sept 16 at 9:00


Please let us know what happens -

This is a weird one. I suspect the judge was unable to issue a new order at the time he issued the warrant, so he was telling you to go get the children and let him try to fight for them back.

I didn't review the whole thread, but if you have visitation rights then you can go pick them up for a time at least. But if he has temp custody, I would be loathe to take them back without a court order. If the next hearing is 9/16, it might be worth waiting until then. If he doesn't show, then ask the judge to rescind his temporary custody and affirm your previous custody order.

Then you can go get the children without worry. If he refuses to hand them over, call the police and show them the orders.

Unfortunately, Scott, it's a lot more complicated than that.

This is a weird one. I suspect the judge was unable to issue a new order at the time he issued the warrant, so he was telling you to go get the children and let him try to fight for them back.

I didn't review the whole thread, but if you have visitation rights then you can go pick them up for a time at least. But if he has temp custody, I would be loathe to take them back without a court order. If the next hearing is 9/16, it might be worth waiting until then. If he doesn't show, then ask the judge to rescind his temporary custody and affirm your previous custody order.

Then you can go get the children without worry. If he refuses to hand them over, call the police and show them the orders. I don't have visitation, He won't even let me see them. When I try to see them at his mothers home, he shuts the door in my face. I have a laywer now,so he is going with me on the 16th. So hopefully everything will fall into place. I sure hope so. I want my babies back home.

Good, keep the faith and keep us posted.