[lynmad09]

Can mother keep her children if father has temporary custody of them. He lied to get this. I ask him to keep them during an ice storm because my ele. Was out, when it was restored I went to get them he wouldn't let me have them

[JudyKayTee]

Is this Court-ordered temporary custody? Otherwise, the person the children live with has control of them.

Go to Court - or go back to Court - and ask for custody (or a change in custody).

[lynmad09]

Court order, but I was never notified of this, he lied and told the judge he didn't know where I was. He just had pick them up at my house

[cdad]

Then go back and get it overturned. How long has it been since it changed?

[ScottGem]

Was custody EVER established prior to this? How old are the children? How long was your electric out? Can you show that the children lived with you and the father knew where you lived?

The bottom line is still that you need to go to the court and ask that the custody order be vacated or that a new hearing be set since you were not informed of the hearing.

If the facts are as you stated and you can prove that the father lied, you should have no problem regaining custody. Also, if his custody was temporary, then that means that a follow-up hearing was probably scheduled. So you need to find out about that by going to the court and getting a copy of the proceedings.

[lynmad09]

Was custody EVER established prior to this? How old are the children? How long was your electric out? Can you show that the children lived with you and the father knew where you lived?

The bottom line is still that you need to go to the court and ask that the custody order be vacated or that a new hearing be set since you were not informed of the hearing.

If the facts are as you stated and you can prove that the father lied, you should have no problem regaining custody. Also, if his custody was temporary, then that means that a followup hearing was probably scheduled. So you need to find out about that by going to the court and getting a copy of the proceedings.

No custody was never established. They are 5 and 3. My ele. Was out for about 2 weeks.Yes I can show that they lived with me, I have papers stating that he was ordered to pay back child support and medical bills, plus where the 5 ( 4 at the time) was enrolled into school. I tried to get things done when this happened, but everyone at the clerks office kept on telling me to get a lawyer, in which I cannot afford. The ice storm was Feb. 2009. He also let his brother claim the girls on his taxes so he could get earned income on them and they split the money. He could not claim them because the IRS would take his for back child support, this is also why his does not work. He does volinture work so he can receive K-TAP. He puts the girls into daycare (also paid for by the state). I work, I have my own place (he lives with his mother)

[ScottGem]

First, if you were awarded support then custody WAS established. Support is only awarded to the custodial parent. So you need to produce that court order.

You are saying that the electricity was out in Feb 2009 and he has had custody since then? That is going to work against you. You need a statement from the utility that your electricity was out during that time.

Try checking with a local law school. Many of them run clinics to help people who can't afford legal representation. If you need work preparing the petitions.

But you also need to NOT listen to the clerk's. Tell them firmly, that you want the forms you need file to overturn the custody order. Family courts are used to having people go pro se (representing themselves).

Where are you located? When asking a question about law we need to know your general area as laws vary. If we know the general area we may be able to help further.

But frankly, I don't understand how this can have dragged on for 18 months. Are you saying you haven't seen your children in that time?

[JudyKayTee]

No custody was never established. They are 5 and 3. My ele. was out for about 2 weeks.Yes I can show that they lived with me, I have papers stating that he was ordered to pay back child support and medical bills, plus where the 5 ( 4 at the time) was enrolled into school. I tried to get things done when this happened, but everyone at the clerks office kept on telling me to get a lawyer, in which I cannot afford. The ice storm was Feb. 2009. He also let his brother claim the girls on his taxes so he could get earned income on them and they split the money. He could not claim them because the irs would take his for back child support, this is also why his does not work. He does volinture work so he can recieve K-TAP. He puts the girls into daycare (also payed for by the state). I work, I have my own place (he lives with his mother)

You say custody was Court ordered; now you say it is not.

YOU NEED TO GO TO COURT AND GET CUSTODY/VISITATION ESTABLISHED. Why have you waited since February 2009 - 17 months - in order to address this?

If you are saying IRS fraud was involved and you were aware of it, why was it not reported?

Are you receiving - or paying - child support by Court Order? It sounds like you are, like this is not a "side" agreement.

It can't be both ways - either this is Court ordered (and you weren't notified... or something) or it is not.

[ScottGem]

I think what the OP is saying is that the father got an emergency temporary custody order after the mother left the kids with him during her loss of power. To get that order (which would have superceded her order) he lied that he didn't know where she was.

But I agree that some of this doesn't make sense. I can see a court issuing a temp order, but I can't see that order remaining in effect for 17 months. If the father refused to return the kids when power was restored, she should have gone to the police with her paperwork. If he had gotten the temp order the police may not have allowed her to take them, but she should have had no problem getting the order overturned.

[lynmad09]

You say custody was Court ordered; now you say it is not.

YOU NEED TO GO TO COURT AND GET CUSTODY/VISITATION ESTABLISHED. Why have you waited since February 2009 - 17 months - in order to address this?

If you are saying IRS fraud was involved and you were aware of it, why was it not reported?

Are you receiving - or paying - child support by Court Order? It sounds like you are, like this is not a "side" agreement.

It can't be both ways - either this is Court ordered (and you weren't notified ... or something) or it is not.

Temporary custody was giving to the father during the ice storm, I was never notified of this to go to court or anything. I do not receive or do I pay support I was never order to do this ,the father was when I had the girls. I tried to get something done the whole time but everyone kept telling that I have to get a lawyer to get this done. I have tried to contact our county attorney several times but no response. I was told that when the DNA returned that the father had a right to the children.The IRS was notified, they haven't done anything. I told them myself

[lynmad09]

First, if you were awarded support then custody WAS established. Support is only awarded to the custodial parent. So you need to produce that court order.

You are saying that the electricity was out in Feb 2009 and he has had custody since then? That is going to work against you. You need a statement from the utility that your electricity was out during that time.

Try checking with a local law school. Many of them run clinics to help people who can't afford legal representation. If you need work preparing the petitions.

But you also need to NOT listen to the clerk's. Tell them firmly, that you want the forms you need file to overturn the custody order. Family courts are used to having people go pro se (representing themselves).

Where are you located? When asking a question about law we need to know your general area as laws vary. If we know the general area we may be able to help further.

But frankly, I don't understand how this can have dragged on for 18 months. Are you saying you haven't seen your children in that time?

I live in Garrard Co. Ky. Yes I have seen my children, when he will allow this to happen (when his is in good mood) I call all the time when he will answer the phone, I have went there to see them sometimes he will shut the door in my face. I can hear the girls crying, this really hurts. I did not know that this could be overturned, You have told me more than I received at the court annex

[ScottGem]

Since custody was awarded to you via the support order, the father has a right to visitation. He does not have a right to falsify information to obtain a court order changing the original order.

Again something doesn't smell right here. If I were you, I would have been camped out at the county attorney's office to demand an explanation about how he could have gotten away with this. I can't understand how this could drag out so long.

I've given you several options to pursue. I'm going to assume that you are calling around to local law schools today. I would assume that you will try to see someone tomorrow. If you can't find a law clinic, then I would be at the county attorney's door 9AM tomorrow morning. I would loudly demand to see the CA because you want to know how he can allow a deadbeat father to steal your children from you! Reporters often hang out at such offices, so if you are loud enough, they will see you to shut you up or, if a reporter approaches you talk to them. Show them your documents, see what help they can provide.

[ScottGem]

I live in Garrard Co. Ky. Yes I have seen my children, when he will allow this to happen (when his is in good mood) I call all the time when he will answer the phone, I have went there to see them sometimes he will shut the door in my face. I can hear the girls crying, this really hurts. I did not know that this could be overturned, You have told me more than I recieved at the court annex

I can't find specific info for Garrad Cty Family Court. So I would recommend you follow my previous advice about looking for a law clinic or camping out in the County Attorney's office.

On the IRS issue. Did his brother claim the kids for 2009? Does he live with his brother? If so, since he apparently had the kids living with him for almost all of 2009, then he probably was correct in claiming them. However, he had filed for years when they lived with you that would be fraud and you should be following up with the IRS.

You have to understand that you are dealing with government bureaucracy here. Often you run across people who don't want to deal with controversy or even do their job. So they will keep putting you off until you make waves.

Have you obtained a copy of the court order awarding him custody? Does it list the judge who signed the order? Have you tried contacting that judge directly? Judges don't like to be lied to.

[GV70]

can mother keep her children if father has temporary custody of them.

403.280 Temporary custody orders.
(1) A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit as provided in KRS 403.350. The court may award temporary custody under the standards of KRS 403.270 after a hearing, or, if there is no objection, solely on the basis of the affidavits.

403.350 Affidavit required with motion for temporary custody order or for modification of custody decree.
A party seeking a temporary custody order or modification of a custody decree shall submit together with his moving papers an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of his affidavit, to other parties to the proceeding, who may file opposing affidavits.
Crouch v Crouch, 2005-SC-0761-DGE
Agreed /or not contested/ temporary custody order IS custody modification.

So, he got temporary custody in February 2009 and you have never contested it??

[ScottGem]

So, he got temporary custody in February 2009 and you have never contested it?????

I think the problem here is she didn't know HOW to contest it and got no help from anyone on how to do so. But to let this go on for more than 17 months boggles the mind.

That's great research by the way. Does it say anything about penalties if the affidavits are falsified?

Comments on this post
JudyKayTee agrees : And there's either an Order or there's not -
I believe there was an initial order giving the OP custody and support. Then the father obtained a modification order when the kids were left with him because of the electrical outage.

[GV70]

I can't find specific info for Garrad Cty Family Court.

Address:
Garrard County Courthouse Annex
7 Public Square
Lancaster, Ky. 40444

Phone Number:
859-792-2961

[GV70]

You can try this:

Volunteer Lawyers for Appalachian Kentucky
Primary Address: 121 N. Front Ave
City: Prestonsburg
State: KY
Zip: 41653-1204
General Phone: 606-886-3876

Counties Served: 37 Counties: Adair, Bell, Breathitt, Casey, Clark, Clay, Clinton, Cumberland, Estill, Floyd, Garrard, Harlan Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lincoln, Madison, Magoffin, Martin, McCreary, Monroe, Owlsey, Pike, Powell, Pulaski, Rockcastle, Russell, Wayne, Whitley, Wolfe

Case Types: AIDS/HIV, Bankruptcy, Consumer, Custody, Dissolution of Marriage, Elder Law, Employment, Housing, Public Benefits, Wills and Estates, Paternity

Their web-site
http://www.vlakofky.org/

V.L.A.K. OFFICE STAFF
207 West Court Street, Suite 201
Prestonsburg, KY 41653
Phone: (606) 886-8136
Toll Free (800) 678-8525
Fax: (606) 886-8137

[ScottGem]

You can try this:

Volunteer Lawyers for Appalachian Kentucky
Primary Address: 121 N. Front Ave
City: Prestonsburg
State: KY
Zip: 41653-1204
General Phone: 606-886-3876

Out of greenies but that's great.

LynMad, promise me you will be calling those people as soon as their office is open (assuming its closed today).

[lynmad09]

I think the problem here is she didn't know HOW to contest it and got no help from anyone on how to do so. But to let this go on for more than 17 months boggles the mind.

That's great research by the way. Does it say anything about penalties if the affidavits are falsified?

Comments on this post
JudyKayTee agrees : And there's either an Order or there's not -
I beleive there was an initial order giving the OP custody and support. Then the father obtained a modification order when the kids were left with him because of the electrical outage.

You are so right, I got no help or advice until I done my research. I don't know I don't have the papers with me

[lynmad09]

Out of greenies but that's great.

LynMad, promise me you will be calling those people as soon as their office is open (assuming its closed today).

PROMISE!! Yes they closed today. Thank you so much for all your help!!