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ciscokd · Nov 22, 2008, 07:20 AM

I have 2 girls ages 8 and 7. They have been living with me continuously for 5 years. I do not have legal custody. Their mother visits them about 3 weekends a month but only if I take them to her home. She does not call them during the entire weekdays in between visits.

She gained custody through a bogus physical abuse case that she pushed successfully. The children were placed in protective custody for about 6 months. Her uncle was given temporary custody during the trial and to attest to the absurdity of the system, the girls were home with me because the uncle was well aware of my character and love for my children.

I'd like to know if there is any way that I can stop the mother from physically taking the children from our home before I file for custody? Wondering if the physical custody I now enjoy, though not court ordered, is a deterrent from losing my children. Thank you.

Fr_Chuck · Nov 22, 2008, 07:25 AM

Well it appers the uncle has the legal custody, so what are the "visit" rights from the court for the mother ? And why did she not get custody in court ?
What was your visit rights ?

Legally you have no right to the children and the mother can call CPS on you anytime she wants for this.
I would move to get legaly custody ASAP.

ScottGem · Nov 22, 2008, 07:32 AM

Why have you waited so long? As soon as they moved in with you, you should have filed for modification of the custody order!

File immediately for modification. Ask for a temporary custody order to prevent her from taking the kids back.

ciscokd · Nov 22, 2008, 11:47 AM

Thanks for the advise. I will do so right away.

ciscokd · Nov 22, 2008, 11:51 AM

Fr_Chuck,
Thanks for your reply. The mother has legal custody. I did not fight for custody because I wanted to get the girls out of the system ASAP. It was a lengthy and difficult process for the girls, as they were aged 3 yrs and the other 6 months. Old. I wanted them home at least with the mom.

Fr_Chuck · Nov 22, 2008, 03:51 PM

If mother has the current legal custody, get back to court like Monday, have that attorney file for temp custody till you get to a hearing,

Since you don't have legal custody, she could even file charges for interfering with custody if she demanded the child and you did not give them to her.