Emergency Custody?

[IROC2]

What is the name of your state?What is the name of your state? Kentucky
My son's wife left him and their 2 kids for another man and hasn't seen or gotten in touch with the kids in a month. My son wants custody. Should he file for emergency custody and how would he do that? If she shows up to take the kids, can he refuse to let them go with her? They haven't filed yet for divorce, but he is going to this week.

 

[kidoday]

When he sees the attorney and files for divorce he needs to file for custody with him being the primary custodial parent. Until there is an order in place, she has just as much rights to the children as he does. Now he can deny her to pick them up, but she has the right to take them from school.

I suspect that she won't even try to see the kids until she gets the divorce papers. That is when you may have a problem. Make sure your son tells his attorney the quicker a temporary custody can be issued the better.

However, I don't see why an emergency order would be necessary unless you think she is a flight risk witht he children. At this point, her leaving the children with no contact for a month kind of indicates she really doesn't want the children in her new life. That may change once she realizes she will have to pay support on the children she left.

Good Luck.

 

[IROC2]

Thank you for your response. We don't have to worry about the school issue because they are only 18 months & 2 1/2. They don't go to daycare. What we do worry about is the fact that she has found out that the kids can be her meal ticket for govt. help since she doesn't work or have a place to live. Her and her new boyfriend split up, she got kicked out of her parents home for stealing from them, and now she has gone to a social worker for help. We just found this out this weekend and are worried she will come to pick the kids up and when she has them will then file for divorce and custody.

What makes her such a witch (in our eyes anyways) is the fact that she has a total of 7 kids and has custody of only one. She actually abandoned 3 of them (besides my grandbabies) and their foster family has filed for permanent custody. I'm hoping this will all go in my son's favor for custody.

 

[stealth2]

What was your son thinking when he got involved with her?

 

[nextwife]

Sometimes fertility is so wasted on the wrong women!

 

[stealth2]

I just find the thought process fascinating on both sides (and this is not meant to be insulting, IROC). But figure that there are 5 other children, and probably no more than 1 is younger than these two. So there are 4 (FOUR) prior children who she apparently isn't/wasn't able to care for. How does someone look at that situation and think it is a good one to marry into AND have two children with? It just boggles my mind.

 

[LdiJ]

Thank you for your response. We don't have to worry about the school issue because they are only 18 months & 2 1/2. They don't go to daycare. What we do worry about is the fact that she has found out that the kids can be her meal ticket for govt. help since she doesn't work or have a place to live. Her and her new boyfriend split up, she got kicked out of her parents home for stealing from them, and now she has gone to a social worker for help. We just found this out this weekend and are worried she will come to pick the kids up and when she has them will then file for divorce and custody.

What makes her such a witch (in our eyes anyways) is the fact that she has a total of 7 kids and has custody of only one. She actually abandoned 3 of them (besides my grandbabies) and their foster family has filed for permanent custody. I'm hoping this will all go in my son's favor for custody.

You don't HAVE to allow her to take the kids if she tries to do so. Just refuse. Your son has just as much right to the children as she does until a judge decides who is to have custody.

 

[nextwife]

Of course he should file for custody. She took off. The kids are better off with staying put, should mom show up.

 

[stealth2]

You don't HAVE to allow her to take the kids if she tries to do so. Just refuse. Your son has just as much right to the children as she does until a judge decides who is to have custody.

Actually, GRANDMA has no right to refuse to allow the MOTHER to take the kids absent a court order. DAD could. But not GRANDMA. Mom can absolutely take those kids out of Grandma's care.

 

[LdiJ]

Actually, GRANDMA has no right to refuse to allow the MOTHER to take the kids absent a court order. DAD could. But not GRANDMA. Mom can absolutely take those kids out of Grandma's care.

True. I did mean that DAD had the right to refuse.

 

[VeronicaGia]

What is the name of your state?What is the name of your state? Kentucky
My son's wife left him and their 2 kids for another man and hasn't seen or gotten in touch with the kids in a month. My son wants custody. Should he file for emergency custody and how would he do that? If she shows up to take the kids, can he refuse to let them go with her? They haven't filed yet for divorce, but he is going to this week.

Tell your son to get his tail to the courthouse and file for custody of those kids! Better would be to tell him to get an attorney, file for divorce and sole physical and legal custody. Why is he not doing this?

 

[IROC2]

Stealth, I agree with you 100%. My son was an idiot to marry her. He was 17 and she was 24 when they started seeing each other. By the time we found out about it, she was pregnant. We wouldn't sign for him to get married, but 2 days after he turned 18 he did it anyway. She already had 5 kids not living with her and wasn't helping to support any of them. His life has been pure hell these last 2 years. He finally left her 3 months ago and moved back in with us. He tried to get legal aid for a divorce when he first left her, but they told him he had to wait 3 months to file. Then after 3 months when he called back, they told him he couldn't use legal aid because his father and I make too much money and he lives with us. I told him this weekend that we would help him financially, just go get it done. He has an appointment Thursday with a lawyer here in town. I just hope everything works out for him and the kids. Thanks everyone for listening (and agreeing with me that she is a witch!!).