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maelischavez · May 29, 2011, 09:57 PM

I lived in Texas and girlfriend took my 2yr old and 2 month old, out of state to Kansas we both have rights and want to be able to see kids what can I do?

ScottGem · May 30, 2011, 03:56 AM

What do you mean by both having rights? Have you been declared the legal father? Has a court ordered custody and visitation?

maelischavez · May 30, 2011, 06:29 AM

No, but I am the legal father on birth certificate, we both lived on Texas but just found out she moved back to Kansas?

AK lawyer · May 30, 2011, 06:39 AM

Originally Posted by maelischavez

no, but i am the legal father on birth certificate, we both lived on texas but just found out she moved back to kansas?

Assuming Texas was the home state of the children, you have six months, from the time they were moved, to bring an action in Texas to establish your custody rights. Or, if the children are presently under six months of age, it could be less time.

ScottGem · May 30, 2011, 06:47 AM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

If you didn't go to court to establish custody and visitation then she was free to move. As AK said, if she moved more than 6 months ago, then she has established residence in Kansas and you have to file for custody and visitation there. Otherwise you need to file in local Family court.

Margaritaki · May 30, 2011, 07:49 AM

Go to the police!What are you waiting for?You have to take them back!They are your kids too!

ScottGem · May 30, 2011, 08:11 AM

Originally Posted by Margaritaki

Go to the police!What are you waiting for?You have to take them back!They are your kids too!

This is the Family Law forum. Answers in the legal forums need to conform to existing law. The OP made a mistake by not going to court to establish custody and visitation when the children were born. In this case, the mother did nothing illegal by moving. So the police will do nothing, at least without a court order to enforce. The OP needs to go to court. Since the younger child is only 2 months, I assume they have not had time to establish residence in KS. So the OP needs to file for custody in TX. Whether the mother will be forced to return is anyone's guess. We don't have enough info. But, unless the OP is deemed unfit, he should get visitation rights.

AK lawyer · May 30, 2011, 09:36 AM

Originally Posted by AK lawyer

... if the children are presently under six months of age, it could be less time.

If the younger child was two months old at the time of the move, OP would have one day less than two months to file for custody of that child in Texas. In other words, it depends on which state the child has lived in for the greater part of his/her life.

maelischavez · May 30, 2011, 05:49 PM

Well mother moved because she didn't couldn't support the kids so she needed support from her family, even though I tried to help her she refuse, but she was getting help from government. So I don't understand, why she couldn't ask, she wouldn't even let me see the kids.

ScottGem · May 30, 2011, 06:18 PM

So she was giving you problems seeing the kids before she left and you didn't go to court then?

And again, please don't use the Comments for follow-up.