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yolinda28 · Jan 25, 2012, 04:12 PM

When we got divorce we both made an agreedment on were was the best for our 2 kids but so I sing a paper giving him custody and kids would be with me on summer vacations they live in California and I'm in milwaukee,wi. But his dad its not taking care of them right now there always by theme selves it a 14year girl and a 13year boy my x is a truck driver so he leaves for a week and comes back just for weekends he lives with a lady but she also works all day and when ever he feels like it he'll just send them with me, he never lets them finish a school year in one place either here or there I have papers of their school attention and in California they already sent him to court because they don't go to school now my 14 year daugther started drinking alcohol and smoking marijuana her dad knows it but he's not doing anything I called children's services but the didn't do anything either I'm disable so I don't have money to pay for an attorney what can I do? Thank you

ScottGem · Jan 25, 2012, 05:40 PM

You have to file in CA courts for a modification of the custody agreement to regain custody. You don't need an attorney but it would help.

Fr_Chuck · Jan 25, 2012, 06:07 PM

Scott did she say the custody agreement was done in California? What if dad moved after court ?
So she needs to file in the court where the current custody order took place. If this is California you are going to have to travel there several times most likely in court hearings.
You can check with the legal aid society in your city to see if they will help with paper work.

But 13 or 14 year olds stay by theirself all the time while parents work, that alone is not really enough, the fact he is gone and they are with step parent may be.

ScottGem · Jan 25, 2012, 06:11 PM

Good point. I got the impression though, that they didn't go to court, only signed paperwork.

But if they did get a court order for custody in Milwaukee then that is where she needs to file.

cdad · Jan 25, 2012, 06:24 PM

Originally Posted by ScottGem

Good point. I got the impression though, that they didn't go to court, only signed paperwork.

But if they did get a court order for custody in Milwaukee then that is where she needs to file.

I believe it was by court order since it took place at the time of the divorce. When children are involved it is mandatory as part of the sepration and first orders (temorary) that both parties attend mediation.

If California has jurisdiction then that is the court that makes the decisions since it appears the father of the children still reside there.

Note to OP:
You can appear telephonically (it means by phone) to both the hearing and for your mediation if there is a custody issue. You can call the Family Law Facilitators Office of the court that made the decision and they can walk you through the filing of paperwork and also and fees.