Forums > Single Parentingby: Shes Here. 4/18/12 &heart

Important child Custody question!!

posted 23rd Dec
So I havent been on here in awhile but I have a friend who is trying to get her girls back from their father and I just wanted to get a little info on custody laws and so forth. I cant seem to find anything on google.

Heres a little back story, my friend Ive known since Middle School moved up to Alabama when we were in HS to live with her dad. She ended up meetin Brandon which she married and had two kids with. They were married in Alabama but the girls were both born in Florida (where me and my friend live). They got separated about a year ago and because he left in the middle of the night the night before she was scheduled to have her second baby. They were in FLorida and he just up and left to bama in the middle of the night. Since then she has went back to bama and filed for child support and he has been ordered to pay child support and he has visitation ( i dont know what all was set with visitation but he was ordered to pay support)

Within the past year after all of that happened, my friend has moved back down to Florida and her husband has a new girlfriend and they now have a baby together.

Now, About three weeks ago my friends cousin took her girls to Jacksonville. FL where they were supposed to spend time with their fathers family before the holidays. Their father was supposed to be in Jacksonville as well to visit. The night they got to jacksonville their father took them to Alabama without my friend knowing. they didnt tell her until the next day that they took them up there. They then decided to have my friends father (who lives in bama) to pick up the girls the following weekend and bring them back down here once they got done visiting. When it was time for them to come home their fathers new gf told my friend that they wanted to keep them for xmas and thatr if anybody came up to her house trying to get them she would call the cops for trespassing. My friend didnt want to start a big fight by going up there herself to get the girls so she decided to let them stay will Wed. after xmas and then she would meet them halfway to get the girls. It is now Sunday evening and my friend hasnt heard from them for a few days ( she called to talk to her girls and they wouldnt answer or call her back) so no she is afraid their gonna try to pull something again and not give her her girls back at all. What I want to know is who is the law going to favor in this situation? Their father that took them out of their state of residency or the mother who goes to try and get them back.

Sorry its so long, just wanted to make sure everyone understood the situation. Feel free to ask any questions about something I may of forgot.

Edit: The father hasnt even been there with the kids half the time he works away from home and it has been his GF who has the girls and has been arguing with my friend telling her she cant get them back.
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I have 1 child & live in Vero Beach, Florida
posted 23rd Dec
If hey arent legally divorced either partycan take the children until a custody agreement has been obtained.
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I'm due October 6th (a boy), have 1 child & 2 angel babies & live in Massachusetts
posted 23rd Dec
She needs to find her child support agreement and go by that. If she's supposed to have them and they are where they shouldn't be police can intervene so she gets them. How low and smurffy. He needs supervised only visits.
quotesmurfs?
I'm due September 16th, have 1 child & live in Texas
posted 23rd Dec
did they have a court date to set everything right? If they don't have a court ordered arrangement they can't do anything to get the girls back   but if they do, then thats kid napping and she can call the police and get them both in trouble
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I have 5 kids & live in Texas
posted 23rd Dec
Quoting Rebekah Garden x3:" If hey arent legally divorced either partycan take the children until a custody agreement has been obtained."

Thats what I thought but she filed for child support and was awarded custody and he has to pay support to her with visitations. I dont know what all the agreement was like who would get them when but she does have support papers
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I have 1 child & live in Vero Beach, Florida
posted 23rd Dec
Quoting Shes Here. 4/18/12 &heart:" Thats what I thought but she filed for child support and was awarded custody and he has to pay support ... [snip!] ... to her with visitations. I dont know what all the agreement was like who would get them when but she does have support papers"

Then she needs to get the custody agreement out and go by what that says. Normally the non custodial parent gets them every other weekend and in my sisters case, her ex gets them through christmas on the even years.. I would have her read through it and if it says he only gets them certain times then have her call the cops for kid napping.
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I have 5 kids & live in Texas
posted 23rd Dec
Quoting ❥Sweet Baby Love:" did they have a court date to set everything right? If they don't have a court ordered arrangement they ... [snip!] ... to get the girls back   but if they do, then thats kid napping and she can call the police and get them both in trouble"

They dont have a court date but she has filed for child support and he was ordered to pay support and she has custody.
The problem is that the child support was filed in Alabama where they lived at the time and her papers are up in Alabama with her dad so were waiting on him to send them down here so she can look them over and see exactly what they say
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I have 1 child & live in Vero Beach, Florida
posted 23rd Dec
Sadly this happened to my SO sister... her BD took their son for the weekend over a year ago and she hasn't seen him since.. : ( She tried to call the cops and they told her that he could keep him until they went to court and got a custody agreement.. && long story short she didn't get him back..   shes really not a bad mom so please don't think that but they use he current BF's past against her and things turned nasty in the courts and yeah....

&& the BD is'nt even the one who cares for the boy its his current GF
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I have 1 child & 1 angel baby & live in CARROLLTON, Virginia
posted 23rd Dec
Quoting B-Baby:" Sadly this happened to my SO sister... her BD took their son for the weekend over a year ago and she ... [snip!] ... things turned nasty in the courts and yeah.... && the BD is'nt even the one who cares for the boy its his current GF "
Thats what we're afraid of. Their still married but their legally separated and they have child support papers but I dont know if thats enough.
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I have 1 child & live in Vero Beach, Florida
posted 23rd Dec
Quoting Shes Here. 4/18/12 &heart:" Thats what we're afraid of. Their still married but their legally separated and they have child support papers but I dont know if thats enough."

They also had CS agreement but not custody. I wish her luck it breaks my heart so see SIL not being able to see her childern... they also don't let any of us see him..   MIL still has the poor boys Christmas from last year cause they wont answer the phone or door!

Since i'm about to have his cousin i been thinking about taking the baby and just going over there so they can meet!
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I have 1 child & 1 angel baby & live in CARROLLTON, Virginia
posted 23rd Dec
Quoting B-Baby:" They also had CS agreement but not custody. I wish her luck it breaks my heart so see SIL not being ... [snip!] ... or door! Since i'm about to have his cousin i been thinking about taking the baby and just going over there so they can meet! "

Oh wow, thats so sad. I really hope that doesnt happen with my friend I couldnt imagine that happening to me either. Hopefully you can try to get through to them because thats horrible. Well thanks for the info and I hope everything works out for yall too.  
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I have 1 child & live in Vero Beach, Florida
posted 23rd Dec
Quoting Shes Here. 4/18/12 &heart:" Oh wow, thats so sad. I really hope that doesnt happen with my friend I couldnt imagine that happening ... [snip!] ... try to get through to them because thats horrible. Well thanks for the info and I hope everything works out for yall too.  "


Thanks!  
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I have 1 child & 1 angel baby & live in CARROLLTON, Virginia
posted 23rd Dec
Quoting Shes Here. 4/18/12 &heart:" Thats what I thought but she filed for child support and was awarded custody and he has to pay support ... [snip!] ... to her with visitations. I dont know what all the agreement was like who would get them when but she does have support papers"

She then needs to callthe police and file a kidnapping case.
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I'm due October 6th (a boy), have 1 child & 2 angel babies & live in Massachusetts
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