I have 13,11,9 year old children who are now living with their father in RI. I want to bring the children with me because he not only has physically harmed my oldest he is also leaving them home alone for over 8 hours while he works as well as goes out at night. I have custody of them and there father is on the birth certificate. AS of right now the only time we went to court was so that the child support was stopped due to me giving him physical custody of the children until I got back on my feet. We never did any custody related matter just child support related. I want to bring my children with me to Ohio as I now reside here and I am looking for help as to how to go about it. If when they come here for vacation I call him and tell him they are staying and I go to court to fight for custody can I get charged with kidnapping?

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Originally Posted by camila123

I have 13,11,9 year old children who are now living with their father in RI. I want to bring the children with me because he not only has physically harmed my oldest he is also leaving them home alone for over 8 hours while he works as well as goes out at night. I have custody of them and there father is on the birth certificate. AS of right now the only time we went to court was so that the child support was stopped due to me giving him physical custody of the children until i got back on my feet. We never did any custody related matter just child support related. I want to bring my children with me to Ohio as I now reside here and I am looking for help as to how to go about it. If when they come here for vacation I call him and tell him they are staying and i go to court to fight for custody can I get charged with kidnapping?

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Do I look confused? You have custody (who is on the birth certificate is immaterial at this point) but they live with him? You don't pay any child support - if it was stopped until you get on your feet and it hasn't resumed the Court will presume you are not back on your feet.

You "gave" him custody - legally? It would appear he got custody and you got out from under support.

So go back to Court and request that YOU be awarded custody. PROVE the living conditions are dangerous for the children.

I believe that if you keep them you will minimally be charged with not obeying a Court Order and you could lose visitation for a very long time - and I also believe the Police will get involved. Do you want that, particularly if you've been in an "on your feet" situation?

At this point - if you keep them - can you support the 3 of them and yourself without any help from the father? Of course, at some point the Court would decide and possibly order support (if the children are returned to you) but you have to survive in the interim.

You need to go back to Court.

I agree, while perhaps not kidnapping, there is a custody issue and I can see where the father can very easy file to have the court require the children to be returned to the state.

In that esp since he has had the children in his custody for a while, you would be taking them away and even stoping regular visits.

This needs to be worked out in court.

If there is abuse, is it documented, has doctors reports been made, police called?