[Djs1031]

I recently got divorced from my husband and he has physical custody of both children. My daughter is not Biologically his. Due to this, I am having a bit of a problem getting her back to live with me. My daughter has told him that she does not want to go back to live with him, she wanted to stay with me. The other problem is they reside in California and I reside in Kentucky. Both children are with me right now for break. They return back to school on the 2nd of March. Since my x is not the father of my daughter, does he still have rights to her? We got together when I was 4 months pregnant, and that is the only father she has ever known. How would I go about retaining custody of her? Do I need to have a lawyer to help me fight? Please help me, I am running out of time.

[Ladyviper]

First off, there is some reason why the court awarded him custody. You need to figure out why and what you can do about that. Next, if his name is on her birth certificate, it doesn't really matter if he is biologically her father, because by putting his name on there he chose to be her father.

Now, if you want to fight it and change the decision, you need to get a lawyer. You will not have custody of her by the time spring break is up, so get that out of your head now. You need to play by the rules, and stick with the custody and visitation that was ordered during the divorce. If you do not abide by that, you can kiss your case good bye. See if you can get a consultation from a lawyer and find out what kind of case you have.

[Fr_Chuck]

May I assume he adopted her??

You say you got divorced from him during this time of the divorce the issue of child custody and child support was suppose to be decided. So if the court has awarded him legal custody if you do not return the child, he can most likely have you charged with interference of custody ( at least in many states)

Normally there has to be some serous issues for the mother to not get custody of the children ( at least joint custod) at the time of the divorce so all of this needs to be explained.

If he is not on the birth certificate and if he never adopted the chlld and if there is no court order giving him custody, then no he has no rights.

There is just not enough information given to know what is really going on.

[Djs1031]

May I assume he adopted her ????

You say you got divorced from him during this time of the divorce the issue of child custody and child support was suppose to be decided. So if the court has awarded him legal custody if you do not return the child, he can most likely have you charged with interference of custody ( at least in many states)

Normally there has to be some serous issues for the mother to not get custody of the children ( at least joint custod) at the time of the divorce so all of this needs to be explained.

If he is not on the birth certificate and if he never adopted the chlld and if there is no court order giving him custody, then no he has no rights.

There is just not enough informatoin given to know what is really going on.

I apologize for not making it more clear. He has never adopted my daughter for his own child. His name is not on the birth certificate. He has physical custody of her only because of me. We had no lawyers and the divorce went smooth. I was stupid in granting him custody only because she was in school and didn't want her separated from her brother at the time. She was to finish her school year in California and when the school year was done then I could have her full time, but I had to PROVE to him that I would do what I said I would do about letting both kids go back to Cali in time for school. He has been mentally and emotionally abusive, not only to me, but the kids as well. I have several reliable sources in Cali that are will to send me Notarized affidavits, stating so. I would like to know what legal way there is to stop him from taking her back to Cali.

[s_cianci]

Is the custody court-ordered? If so then you'll need to return to the court that issued the custody order and try to get it modified. If there is no custody order in effect then your best bet is to just keep them with you and don't allow them to return to California when their school break is over.

[Fr_Chuck]

If you signed over custody in court ( OK you had no legal right to, and it is not a legal order) but it is a order from the court and till proven illegal it is in place.

I would get an attorney right now, and perhaps they will tell you to keep her and file in court