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    Beniasky's Avatar
    Beniasky Posts: 3, Reputation: 1
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    #1

    Nov 22, 2009, 07:40 PM
    Missing father children don't know
    My exhusband hasn't seen our kids since christmas last year. We recently got a divorce and the state he use to live in gave him custody because he lied on the paper work. We have lived in a different state for two years. But I have had the kids since we split up. Since the divorce was finalized he has left the state he was in and hasn't came to get the kids. Though I will not let him have the kids. What I want to know is can I file abandment charges to get custody of the kids? I also have remarried and my husband wants to adopt them... what can I do to get custody of the kids and have my husband adopt them?
    Beniasky's Avatar
    Beniasky Posts: 3, Reputation: 1
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    #2

    Nov 23, 2009, 04:26 PM
    Not everybody is the smartess. And yes he did lie to the court of Oregon and he was awarded custody of our kids. I have lived in Wyoming since 2006 with our children supporting them on my own until my recent marriage in sept. I'm only a waitress and my husband doesn't make much more than me. So thank you for the advice and you know not every state is the smartess nor are people.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #3

    Nov 23, 2009, 07:14 PM
    <moved from Children to Family Law>
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Nov 23, 2009, 07:23 PM
    Quote Originally Posted by Beniasky View Post
    my exhusband hasn't seen our kids since christmas last year. we recently got a divorce and the state he use to live in gave him custody because he lied on the paper work. we have lived in a different state for two years. but i have had the kids since we split up. since the divorce was finalized he has left the state he was in and hasn't came to get the kids. though i will not let him have the kids. what i want to know is can i file abandment charges to get custody of the kids? i also have remarried and my husband wants to adopt them... what can i do to get custody of the kids and have my husband adopt them?
    Your going to need a lawyer to get the adoption done. You will also need the bio fathers permission for the adoption. If he can not be found there are ways to satisfy the courts that you looked for him and researched to find him. That's why your going to need a lawyer for all this to guide you through it. Your also going to have to have the other court orders set aside so all of this can take place.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 23, 2009, 07:45 PM

    Ok, you are a long way from adoption, since you don't even have legal custody. In fact he could come and get the kids anytime he wants at this point, since you would be in contempt of court if you did not.

    Also while it is hard to believe, if there was child support ordered, even with the kids living with you, if you have not paid that support, you owe it and have back child support due.

    So you need to file for legal custody first.

    I can only assume you had no lawyer before, since if he lied, you merely have to prove he is lying.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Nov 25, 2009, 01:25 PM
    Quote Originally Posted by Beniasky View Post
    my exhusband hasn't seen our kids since christmas last year. we recently got a divorce and the state he use to live in gave him custody because he lied on the paper work. we have lived in a different state for two years. but i have had the kids since we split up. since the divorce was finalized he has left the state he was in and hasn't came to get the kids. though i will not let him have the kids. what i want to know is can i file abandment charges to get custody of the kids? i also have remarried and my husband wants to adopt them... what can i do to get custody of the kids and have my husband adopt them?

    Just for the record, I had no trouble reading this -

    Anyway, Courts will almost NEVER remove parental rights for abandonment. The bio parent remains the bio parent.

    I'm a little confused why he has had custody for two years but you have the children. Does he pay support? Are you supposed to pay him support? Just for the record if you are supposed to be paying support to him and you are not he can come back at you for contempt at any time, even though you have the children.

    You really have to get the custody situation straightened out. You say you will not let him have the children. If he has a court order naming him as custodial parent he doesn't need your consent - he (and the Court/Police) can simply come and take them. Again, you need to get the custody straightened out.

    In order to have your husband adopt the children your "ex" must sign to allow the adoption. There is no way around that.
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