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    kidpro's Avatar
    kidpro Posts: 29, Reputation: 2
    New Member
     
    #1

    Feb 5, 2008, 03:05 PM
    Custody issue
    Do I have the right to have my kids live with me if my ex who has custody of them decides to let her brother keep them because her parents who owns her home wants to kick her and her husband out because they refuse to work so what should I do should I have children's services get involved and the police I do not want this to drag on in court inless I have them living with me. The courts really screwed up here in summit county Ohio please help.


    Thank you

    Jeff
    Sand Daddy's Avatar
    Sand Daddy Posts: 95, Reputation: 14
    Junior Member
     
    #2

    Feb 5, 2008, 03:17 PM
    Well first off I don't know the details of your custody status.. i.e. does she have sole custody, if so why, etc.

    Typically if you have some sort of unsupervised custody or visitation and child welfare services feel compelled to remove the kids, they will usually turn to the other parent first, depending on the circumstances.

    Second, if your ex is unable to provide a residence for your kids, the courts will usually turn the kids over to the other parent first.

    Again, without knowing the details, I can't say for certain that this will happen in your case. I would consult with a Family Lawyer in your area to ascertain where you stand in this situation.

    Further, if the children stand to be put out on the street, this is grounds to request an emergency hearing with the courts.

    I forgot, to answer the question about the brother... A third party care giver usually will not take precedence over the other parent when available. If the care being provided by the brother is under her court ordered parenting time, its solely up to the judge. Given the purpose for the care, I doubt the court will lean to her favor, but you never know.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 13, 2008, 07:13 PM
    [QUOTE=kidpro]Do I have the right to have my kids live with me if my ex who has custody of them decides to let her brother keep them because her parents who owns her home wants to kick her and her husband out because they refuse to work so what should I do should I have children's services get involved and the police I do not want this to drag on in court inless I have them living with me. The courts really screwed up here in summit county Ohio please help.


    You have posted conflicting statements about this situation -

    Which is the truth - ?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Feb 13, 2008, 07:29 PM
    If you do not have a legal custody status, you can not get anyone to get the kids for you, unles you get a new court order giving you custody.

    So you will have to go back to court to get custody
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Feb 13, 2008, 07:44 PM
    First, you have posted several threads about your marital issues. When you do this it makes it harder to help your. Second all these threads contain contradictory info.

    In this note you claim 2 daughters, 14 & 17, and you claim your ex is blocking visitation and not letting you know about what they are doing. In this one: https://www.askmehelpdesk.com/accoun...ns-177152.html you claim one daughter turned 18 in May and lived with you half the year. In this one https://www.askmehelpdesk.com/family...ue-180705.html claim her parents are kicking them out and she's giving them to her brother. In this thread https://www.askmehelpdesk.com/family...ts-118903.html you talk about a 16 yr old daughter and a son and about them being with the step dad.

    We don't like being played so you need to get your stories straight.

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