My girlfriend left me withouth notice and took my children ages 6 and 3. I already applied for custody and I am the legal father of both children. I'm going to get to spend the weekend with them. What would happen if I decide to keep the kids? We live in Maryland. I own a 3BR condo while she's now living in a 4-5BR town house with no less than 8 people.

You need to go to court and fight to get legal custody... otherwise she could show up and just take them... and it would be legal being she is a parent and there is no current custody order in place.

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Originally Posted by smoothy

You need to go to court and fight to get legal custody....otherwise she could show up and just take them...and it would be legal being she is a parent and there is no current custody order in place.

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I spoke to a lawyer and he told me that police won't intervene since I am the legal father and my ex girlfriend can't take the kids if I'm present. However, I'm having a hard time finding more information about it on the web. I don't want to get in trouble with the police because of bad advice from a lawyer.

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Originally Posted by Fitfather

I spoke to a lawyer and he told me that police won't intervene since I am the legal father and my ex gf can't take the kids if I'm present. However, I'm having a hard time finding more information about it on the web. I don't wanna get in trouble with the police because of bad advice from a lawyer.

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I'd find another lawyer... absent a court order.. both parents have equal rights to the kids.

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Originally Posted by Fitfather

I spoke to a lawyer and he told me that police won't intervene since I am the legal father and my ex gf can't take the kids if I'm present. However, I'm having a hard time finding more information about it on the web. I don't wanna get in trouble with the police because of bad advice from a lawyer.

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The lawyer is right. It's another way of saying what Smoothy told you.

Absent a custody order, both parents share total custody.

If the childrens' mother sought to take the children from you, you could just say no. The police would not enter into it because no crime has been committed. She would have to go to court to get a judge to order who gets the children when.

But the "if I'm present" caveat is also important. Say, for example, the children were with a babysitter or in school and you were not there. Since the mother, like you, currently has full custody, she could take the chidren. Or, even if you were present, she could physically grab one or more of the children, and drive off with them. It could potentially get nasty. But unless violence is used or threatened she also could do that.

If you are on the birth certificate, or legal proof that you are father is one requirement, if you are not listed on birth certificate, then you have no legal rights till enforced by court.

It appears she is letting you see them, if you just keep them, any working relationship for custody agreemetn will disappear.

Best to hire attorney to file for custody and fight in court, but work out now to share time with children

Children should NEVER be used as a tool to fight each other with

What do you mean when you say "I already applied for custody" ?

Simply applying for custody doesn't give you automatic rights. Has there been any decisions made by the courts already?

What State is this happening in ?

cdad beat me to it, the fact that there is a pending custody case makes your plan to keep the children a bad idea.

While your attorney is right, read AK's response. If you take the law into your own hands by keeping the children, it will look bad to the court. Just as the mother's taking the children will also look bad to the court. So you take the high road and work with the courts not against them.

Apparently, you are getting to see your children. I would be satisfied with that and press your court case.