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Kaydeedavis · Sep 22, 2013, 02:03 PM

Me and my ex girlfriend lived together and split everything down the middle with our kids my oldest daughter started school out her and her mom took her out and when to AZ I'm on the birth certificate what can I do about getting her to come back with my kids and have to stay

cdad · Sep 22, 2013, 02:12 PM

Go down tomorrow and file for custody. Ask for your children to be returned.

ScottGem · Sep 22, 2013, 03:41 PM

Did you ever file in court for custody and visitation?

How long ago did she move?

Kaydeedavis · Sep 22, 2013, 07:38 PM

Originally Posted by ScottGem

Did you ever file in court for custody and visitation?

How long ago did she move?

She moved out there like maybe a month I didn't know what rights I had so I kind of try to deal with it and I can't no more so I've been searching and trying to find answers on what to do now she put my daughter in school and everything what can I do and no I never filed before

ScottGem · Sep 23, 2013, 03:11 AM

If If you never filed for custody and there was no visitation order, then she had the right to move. However, since she has only been there a month, she hasn't established reside file in your local family court immediately for joint legal and primary physical custody. You may not be able to force her to return, but you should be able to get some level of visitation.

Fr_Chuck · Sep 23, 2013, 05:13 AM

Agreed, you need to file for custody of the child and ask court to order child back.

You can not force mother to do anything, she is free to move. You can only get custody of child (maybe)

Kaydeedavis · Sep 23, 2013, 07:33 AM

Originally Posted by ScottGem

If If you never filed for custody and there was no visitation order, then she had the right to move. However, since she has only been there a month, she hasn't established reside file in your local family court immediately for joint legal and primary physical custody. You may not be able to force her to return, but you should be able to get some level of visitation.

Okay I was reading that since I established paternity my right are equal as hers so if my kids come back for like two weeks do I have the right to not let them leave California again and hold them from her in my custody will I get in any trouble or should I go to the courts and file so my kids won't be able to leave the state without my consent or a court order

ScottGem · Sep 23, 2013, 08:12 AM

This is a hard one. You are correct, absent a court order establishing custody. Your rights are equal. So you would have the right to keep the children if they visit.

The reason this is hard is how it would look to the court if you tricked her into sending the children to you on the pretext that you would send them back and then don't. On the other hand, if you get custody first, she is going to know about it and might not send the children to you.

You really NEED to consult an attorney before taking such action. The best move In my opinion, would be, as soon as the children are in your custody, that you file for an emergency order to allow you to keep the children with you, pending a full hearing.

Kaydeedavis · Sep 23, 2013, 08:33 AM

Originally Posted by ScottGem

This is a hard one. You are correct, absent a court order establishing custody. Your rights are equal. So you would have the right to keep the children if they visit.

The reason this is hard is how it would look to the court if you tricked her into sending the children to you on the pretext that you would send them back and then don't. On the other hand, if you get custody first, she is going to know about it and might not send the children to you.

You really NEED to consult an attorney before taking such action. The best move IMHO, would be, as soon as the children are in your custody, that you file for an emergency order to allow you to keep the children with you, pending a full hearing.

Thank you very much you were very helpful

ScottGem · Sep 23, 2013, 08:45 AM

Good luck and keep us posted.

cdad · Sep 23, 2013, 01:35 PM

The problem with waiting is that the children may establish a different state as the "home" state. If that is the case then she could file where she lives and your stuck going there to fight it. Don't wait. File now so it stays near you now and in the future.

ScottGem · Sep 23, 2013, 01:50 PM

Originally Posted by cdad

The problem with waiting is that the children may establish a different state as the "home" state. If that is the case then she could file where she lives and your stuck going there to fight it. Dont wait. File now so it stays near you now and in the future.

I don't disagree with this, but if she has agreed to send then to you in the very near future it might be worth waiting.

Kaydeedavis · Sep 23, 2013, 08:44 PM

Originally Posted by ScottGem

I don't disagree with this, but if she has agreed to send then to you in the very near future it might be worth waiting.

Jurisdiction still resides in California because she hasn't been gone a minimum of 6 months I went and did the paper work today and going to file tomorrow for joint physical custody so she can't take them back when they come back out here