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-   -   Can mother keep her children if father has temporary custody of them (https://www.askmehelpdesk.com/showthread.php?t=491512)

  • Aug 13, 2010, 09:28 AM
    GV70

    Quote:

    Originally Posted by ScottGem View Post
    I think posting the judge's name goes beyond our rules of no personal info.

    Why? The judges are not anonymous.

    Quote:

    Originally Posted by lynmad09 View Post
    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.
  • Aug 22, 2010, 02:11 PM
    lynmad09

    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.
  • Aug 22, 2010, 02:50 PM
    lynmad09
    Quote:

    Originally Posted by ScottGem View Post
    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.
  • Aug 22, 2010, 03:33 PM
    ScottGem

    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.
  • Aug 22, 2010, 04:24 PM
    Kitkat22
    Quote:

    Originally Posted by ScottGem View Post
    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?:)
  • Aug 22, 2010, 04:34 PM
    lynmad09
    Quote:

    Originally Posted by ScottGem View Post
    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.
  • Aug 24, 2010, 12:34 PM
    lynmad09

    Court date is Sept 16 at 9:00
  • Aug 24, 2010, 12:35 PM
    JudyKayTee
    Quote:

    Originally Posted by lynmad09 View Post
    Court date is Sept 16 at 9:00


    Please let us know what happens -
  • Aug 24, 2010, 12:51 PM
    ScottGem

    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.
  • Aug 24, 2010, 12:53 PM
    JudyKayTee

    Unfortunately, Scott, it's a lot more complicated than that.
  • Aug 24, 2010, 05:38 PM
    lynmad09
    Quote:

    Originally Posted by ScottGem View Post
    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.
  • Aug 24, 2010, 06:15 PM
    ScottGem

    Good, keep the faith and keep us posted.

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