ve an important question...

[Dot_Com]

Texas,

I need to know if i would be doing something bad if i left the state, even though i have not been served. i have been offered a better job...and i am conserned for thesafety of my kids..please tell me if i will be doing something wrong..please

Also..let me explain alittle bit about what is going on...

When i got my kids on the weekends..(every other weekend)..i would see marks on them..so i was like..oh you guys playing ruff again..they were like no daddy..he is hitting on us with the belt and throwing us to the floor(my wifes boyfriend).I was OK!...so i called her and told her about what they told me..see said don't u worry about it..you don't live here nomore..and he can hit them when he wants to..he is taking the role of you..i was like..ummm no way i am going to let this happend..so i got all of my kids records i need to be able to have them..after i get everything i needed..i tricked her into letting me get them for a day..(she would never let me get them anymore after i comfronted her about what was going on).so since that day..i have had them(since the biggining of august).

I have been to numbers of courts asking for a retraining order on both of them..nothing has worked..i have went to the police..nothing...i have called CPS on them..they still have not went to there house and tryed something...I AM TIRED OF ALL OF THESE PEOPLE..that don't help!...and they are suppost to help..so like i told you..i am going to be leaving out of state because i have a better job up there for me and my kids.

Plus both my kids tell me..they do NOT! want to go back to there mothers house..my oldest tells me i hate my mommmy all she does is hit me..and he does also!(her boyfriend)..so i am doing what my kids wish for me to do..TAKE CARE OF THEM!...tell me what i am doing wrong?..wanting to leave and take care of my kids..i am scared for the saftey of my kids..and she has tried numbers of times to take them from me without me knowing..she knows she is in trouble thats why she is doing that..and acting out like that..tell me thats not wrong?..alos if we keep doing this..taking the kids from each other..it would look bad in court for both of us..and we would get both our kids taken from us...tell me what i am doing wrong please?

 

[BelizeBreeze]

How old are your children?

 

[Dot_Com]

3...and 4

3 and 4...and i am 25...

 

[BelizeBreeze]

So, you want to go to prison for between 15 years and the rest of your life because you can't get anyone to listen to you and then your children have no one. And, not only that, but eventually, their stepfather will probably adopt them and then they are lost.

Is that what you want?

 

[Dot_Com]

how would that be???...none of us have custody if the kids...how would they get took from me?..y would i go to jail?...that makes to sence..im lost?

 

[BelizeBreeze]

It's time for a reality check young man.

First, a woman has presumed motherhood. The children come out of her womb so she doesn't have to prove paternity. Therefore, in law, she has immediate custody of her own children.

A father, on the other hand, is only presumed legally to be the father if, at the time of conception/birth, he is married to the mother. Otherwise, in the case of children born out of wedlock, the father must PROVE his paternity, in other words, prove he is the father of the child.

So, since there is not custody order I would also assume you are paying no child support nor are you getting court-ordered visitation. So, your immediate concern is to file for your rights. And that means an immediate petition for custody of those kids.

Go to the courthouse first thing in the morning and file

 

[kcs00]

Are there any court papers? If so what do they say? If you dont have and papers or divorce decree. Then YOU go file papers. If you arent married then start a petition to the court for custody.

 

[Dot_Com]

ok thx man..

 

[Dot_Com]

We are married..i have heard she is going to serve me..but i have not been served yet..so that means it is kinda like i don't even know really..and i was going to leave out of state because i have been offard a way better job..but it is out of state..and of course my girls are going to come with me...i just wanted to make sure i am doing nothing wrong..

Or could i do this..get a lawer down here..start the paper work..serve her be4 she serves me..and then be off to my job out of state?..let me know what i should do..thx

 

[BelizeBreeze]

We are married..i have heard she is going to serve me..but i have not been served yet..so that means it is kinda like i don't even know really..and i was going to leave out of state because i have been offard a way better job..but it is out of state..and of course my girls are going to come with me...i just wanted to make sure i am doing nothing wrong..

Or could i do this..get a lawer down here..start the paper work..serve her be4 she serves me..and then be off to my job out of state?..let me know what i should do..thx

Listen. First it doesn't matter in this case if you are married, gay or just extremely happy. The moment you leave the state with those children you face prison. Call it parental kidnapping or just vanilla kidnapping, it's still a prison sentence.

Leave them there and deal with your situation any way you like. But if you take those children from the state you had better find another forum from which to get advice. Because you won't get another word from here.

 

[stealth2]

I dunno, BB. My understanding has always been that as long as they are married and there is no custody order, either parent can take the kids pretty much anywhere. HOWEVER, dot com, you should realize that by doing what you plan you will likely find that a judge will grant your stbx sole custody and you will have nothing more than supervised visitation for many years to come. As in 4 hours a week. With someone looking over your shoulder while you try to bond with your kids.

So, do yourself a favor and go talk to a lawyer about filing for divorce and custody.

 

[BelizeBreeze]

I dunno, BB. My understanding has always been that as long as they are married and there is no custody order, either parent can take the kids pretty much anywhere. HOWEVER, dot com, you should realize that by doing what you plan you will likely find that a judge will grant your stbx sole custody and you will have nothing more than supervised visitation for many years to come. As in 4 hours a week. With someone looking over your shoulder while you try to bond with your kids.

So, do yourself a favor and go talk to a lawyer about filing for divorce and custody.

Except that when taking the children out of state and hiding them as this poster suggests. Then we're talking about felony Parental Abduction. And that HE SHOULD be put in prison for.

 

[stealth2]

Except I haven't seen anything about hiding their whereabouts. Tho that might be my inability to read Texan.

 

[BelizeBreeze]

While it is true that parental kidnapping is the taking of the children in defiance of an existing court order, this scenario is very simple to escalate into a federal crime.

Wifie poo files for divorce with an attendent Habeas Corpus motion to present the children. The children are nowhere to be found. The court issues an immediate order to return the children to the jurisdiction. This poster refuses. Federal Parental kidnapping charges are filed. Poster goes to prison. End of story.

Is THAT what you want to happen?

 

[BelizeBreeze]

And by the way, if you think this won't happen, then read the National Child Search Assistance Act, 42 U.S.C. 5779(1990) ( which prohibits all law enforcement agencies in the country from establishing waiting periods before accepting a missing child report without regard to the child's custody status, and requires immediate entry of each report into the state law enforcement system and the NCIC)