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Mommiecrystal27 · Jul 26, 2012, 04:07 AM

My children's father got the kids for the summer and now he won't let me contact them via the telephone. I don't know where his residence is. What can I do?

AK lawyer · Jul 26, 2012, 04:42 AM

You say he "got the kids for the summer". Is this a court order, or simply an informal arrangement between the two of you?

Mommiecrystal27 · Jul 26, 2012, 07:24 AM

It was a desperate attempt for me to get some help with the kidz. It wasn't a court order visit.

JudyKayTee · Jul 26, 2012, 07:35 AM

Originally Posted by Mommiecrystal27

It was a desperate attempt for me to get some help with the kidz. It wasn't a court order visit.

Is there a Court Order of any sort, any kind, covering visitation/custody?

If you were desperate perhaps your "ex" is concerned that you are unable to properly care for the children.

Do you have any indication that he is intending to try to get custody?

Mommiecrystal27 · Jul 26, 2012, 07:55 AM

Are you a single mother of three kids if not then I would suggest you stick to other people's questions. I have not heard from my kids in three weeks I do everything for them and I work and go to school. Iz normal to need a break. That doesn't mean I can't handle taking care if them. I need to talk to them and find out where they are. If you are not going to give me answers for that then tour advice us not needes or wanted. And no there is no court order he was just ordered to pay child support

JudyKayTee · Jul 26, 2012, 08:00 AM

Originally Posted by Mommiecrystal27

Are you a single mother of three kids if not then I would suggest you stick to other people's questions. I have not heard from my kids in three weeks I do everything for them and I work and go to school. Iz normal to need a break. That doesnt mean i can't handle taking care if them. I need to talk to them and find out where they are. If you are not going to give me answers for that then tour advice us not needes or wanted. And no there is no court order he was just ordered to pay child support

I have no idea where your anger is coming from. No one (especially me) is judging you.

You posted on a legal board and you were asked questions which require answers in order to get information in order to give you CORRECT LEGAL ADVICE.

I didn't say you are or are not a bad mother, overwhelmed or anything in between. I did say that your "ex" could go to Court and make an argument that you "gave" the children to him because you were overwhelmed and PERHAPS you can't handle them. PERHAPS he could. You DID say that you let your "ex" take the children as a "desperate attempt" for you to get help. So what am I to think? That you are in over your head?

I appreciate my advice is not wanted. You just want to be angry at someone.

There's no Court Order; "he" was "just" ordered to pay support. That's a Court Order which (according to you) doesn't address custody. You are aware that he can go back to Court and ask that you pay child support to him because he has the children AND is paying to support them in your household, right?

Or don't you want to hear that either?

Oh, I raised five children.

The advice based on the little you've posted is: (1) Call the Police. They will do nothing because there is no Court Order and either one of you can have full custody and control (which includes limiting phone calls) unless/until there's a Court Order; (2) Go to Court and ask for a Custody Order AND the return of the children; (3) Do nothing, stay here and be angry.

The Court will evaluate all of the parties and determine which situation is in the best interest of the children - not your best interest, not their father's.

The Court will also revisit child support. Why should "he" pay you when the children are with "him"?

Oh, and don't even try to direct the Board as far as who answers, where they answer. If you want feel good advice, post somewhere else. If you want legal advice, post here.

Fr_Chuck · Jul 26, 2012, 08:06 AM

If he is on the birth certificate and /or proven paternity. ** which he has to have to be paying court ordered child support.
I don't understand how you can have child support without some order of custody.

But if there is no court order of custody, he does not really have to give them back.
You will need to file in court for an emergancy hearing over custody and ask the court to order him to give the children back.

Then you need to make a formal court ordered custody with court ordred visitation.

JudyKayTee · Jul 26, 2012, 08:10 AM

Originally Posted by Fr_Chuck

If he is on the birth certificate and /or proven paternity. ** which he has to have to be paying court ordered child support.
I don't understand how you can have child support without some order of custody.

but if there is no court order of custody, he does not really have to give them back.
You will need to file in court for an emergancy hearing over custody and ask the court to order him to give the children back.

Then you need to make a formal court ordered custody with court ordred visitation.

I have an additional concern - she dropped them off for the Summer and doesn't know where he lives?

In my area the school year ends in June - it's the end of July -? How fast did the father move?