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kay84 · May 26, 2009, 04:45 AM

Hi,
My ex boyfriend keeps saying he's going to take me to court to get the kids full time he has them every weekend I have never stopped him seeing are kids once 1 was born in 02 and the other in 04 we had a nasty brake up as he was violent with me but not the girls he still lives in are old house with his new girlfriend and we live with my mum and dad he seams to think that he can't get the kids because he has his own house and a partner the girls don't like going as they don't get on with his new girlfriend and her 5 kids and when he fone this out he said he wood see me in court and as he keeps saying this to me every time he hears something he don't like but have yet to her anything I thought I wood seek advice first on the matter ?

ScottGem · May 26, 2009, 04:47 AM

We need some more info here. Is he on the birth certificate for both kids? Was custody, visitation and support granted by a court?

The likelihood of him getting full physical custody is small, but if there is a court ordered visitation schedule and you are interfering with it, that will work against you.

kay84 · May 27, 2009, 09:21 AM

His name is on both there birth certificates and we agreed are self's on the girl's we have never bin to court for anything he is happy with what we agreed on he has them every Friday till Sunday and in the hollidays he has them another day as well Thursday till Sunday or Friday till Monday witch ever is best for him like I said we have bin doing this for 2 years now and he was happy with it until he hears things he dunt like i.e. if the kids tell him something on the phone like there going to a party and I had not asked him if they could go little thing's like that , as they all so phone him every night before bed so I never stop him doing anything with them and he has plenty of time with them but he keeps saying he's going to take them of me and he think's as he as his own house and a girlfriend the court will see him as the better parent for the girl's ?

ScottGem · May 27, 2009, 09:54 AM

Here's your problem. Since he is on the birth certificate he has equal legal rights. He could at any time, keep the girls with him and then you would have to go to court to gain custody. Without any legal standing this could happen.

So you really should go to court and formalize your arrangement. It is not likely he can get a court to change the unofficial status unless he can prove you unfit.

kay84 · May 28, 2009, 03:26 AM

OK thank you for all your help I will do that xx