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tdevine12 · Feb 1, 2009, 07:38 AM

I allowed my sister to take my children after my wife filed a restraining order and decided she did not want my two children (biological mom passed Away) since I was not allowed to see them or talk to them until court my sister decided to file for custody does she have any standing in n.h. and how does this happen.

N0help4u · Feb 1, 2009, 07:58 AM

How long has she had them?
Was the restraining order specifying the children as well as the ex?
Where you ever told to take domestic violence classes?

ScottGem · Feb 1, 2009, 08:20 AM

Was your sister given legal guardianship? Is she filing for custody or adoption? There is not a lot of difference between guardianship and custody, so it doesn't make a lot of sense for her to file for custody.

tdevine12 · Feb 1, 2009, 10:26 AM

She took them on the 14th of jan and filed for guardianship on the 20th which was granted pending backround check on her and is now filing for custody, not to sound out the same old tune but there was never any dv this was about my wife moving in with her new boyfriend she met online the 13th.the police and prosecutor both have since tried to charge her with filing a false report but she moved to Vermont and the say they are going to wait until the court hearing on the 4th so I will be able to take custody of our three year old.

N0help4u · Feb 1, 2009, 10:29 AM

Since there was no abuse and it was strictly between her and you with a false report you need to go to the court date and tell them your side of the story. Sounds like you should have every right to them. You need to get the point across that it was a false report.

ScottGem · Feb 1, 2009, 11:18 AM

I'm a bit confused here. Who filed the false report? Was it your sister or your wife? Was it the domestic violence report that resulted in the restraining order the false report? Was it your wife or your sister who moved to NH?

What grounds did your sister use to get guardianship?

If it was your wife who filed the false DV report, then that has only a tangental affect on the custody hearing. It only bears on why the mother will no longer have custody.

As I see it, what you should be doing is having your sister drop her petition for custody in fravor of your petition for custody. Otherwise it becomes a fight between you and your sister.

And that's what I don't understand. Why is your sister filing for custody instead of you?

N0help4u · Feb 1, 2009, 03:18 PM

From what I understand of the law YOU are the father. You have more rights than your sister unless the court feels it is in 'the best interest of the children'
You need to prove that your wife filed the report simply to make you look bad.
Since there was no report of actual abuse and you were not told to take dv classes then you need to get that across to the Judge.
Since your sister has only had the children a couple weeks they can't use the excuse that they have a life with her now. You need to fight for custody now and maybe try and work something out with your sister.

cdad · Feb 1, 2009, 04:29 PM

I think we need a timeline on all this because it doesn't sound right and its all jumbled together. From what your saying you " allowed " this to happen. And now things aren't turning out as you like. Why were the children taken away from you in the first place ? What were you charged with ?