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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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can my girlfriend take my kids and move out of state

Customer Question

i have been living with the same girl for 8 years we have 2 kids she decided that one day while i was at work to take off with my kids to another state to live am a good person there was no abuse she just up and left what can i do
Submitted: 5 years ago.
Category: Family Law
Expert:  legaleagle replied 5 years ago.
You can file suit for custody or visitation and if she has not given you the location or a way to contact your children, you could report her for parental kidnapping.
Customer: replied 5 years ago.
so there is now way to make her bring the kids back to the state i live in im just out of luck ???
Expert:  legaleagle replied 5 years ago.
Yes, if you file for custody in the county and state in which you live and she just left, the state can force her to return the children until such time as a custody order is established. Since she has not lived in the new state for at least 6 months the state where she previously lived, and you still live, has jurisdiction.
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
legaleagle and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
thank you so much
Customer: replied 5 years ago.
one last question if she files in the state she is in before i file in the state i am in will that matter or will she still have to return to the state i am in i am in florida she is in mass.
Expert:  legaleagle replied 5 years ago.
If she files before you, you can file a motion to transfer jurisidiction since she has not resided in that state for 6 months prior to filing, and ask that the case be transfered to your state.
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
legaleagle and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
so all i have to do is go to the cout house and ask for that and they will know what papers i need
Expert:  legaleagle replied 5 years ago.
The court may have the forms, but if they do not, you can try to find free forms on the internet, but you will have better luck finding a site that you pay a small fee and they help you draft the documents you need for your case. Or you hire an attorney or try to get an attorney from legal aid that does not charge or charges on a sliding scale in accordance with your income.
Customer: replied 5 years ago.
i have got a form set from the court house it has alot of papers in it like petition to determine paternity ,Family finanicial affidavit uniform child custody jurisdiction and enforcment act affidavit is this what im going to need to bring her back or do i need diffrent documents
Expert:  legaleagle replied 5 years ago.
If you are already listed as the father on the birth certificate you do not need to determine paternity, but the rest you do need to complete.
Customer: replied 5 years ago.
she has filed the papers first so do i wait to be served with her papers then file the motion to transfer jurisidiction or do i go ahead and file them motion now
Expert:  legaleagle replied 5 years ago.
You should file now before you get served and then file motion to transfer once you get served with her papers.
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
legaleagle and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
once my papers are served to her she has to file a writen responce within 20 days of service at the court house does that mean she has to come here to file that responce or can she just mail it,also what are the chances she will not have to return is it almost a shure thing she will have to return or is it a long shot. I guess what im asking am i waisting my time doing this or do you think i have a shot also i have found myspace messages from her to another man that lives up there that say i love you and how there going to be together for ever.will that help my case
Expert:  legaleagle replied 5 years ago.
She does not have to serve them in person. She can just mail them. Then once she answers you will have to file a motion to transfer and if the children have not lived in the new state for more than 6 months you have a very good chance to have the court force her to return them to your state until the custody issue is resolved.
Customer: replied 5 years ago.
now that she has been served she says i cant speek to my kids and wont answere the phone is there anything i can do about thst
Expert:  legaleagle replied 5 years ago.
You need to try to get temporary orders that establish your right to visitation and phone calls until a final determination about custody and visitation is made. You would file a "motion to establish temporary custody and visitation".
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
legaleagle and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
do i file that right away or do i need to wait till i recive the confermation that she was served
Expert:  legaleagle replied 5 years ago.
File it right away.
Customer: replied 5 years ago.

ok i filed the papers for temporary custody i ask for the kids to returned to my home because she is moving my kids from house to house sometimes she is staying at her mothers and sometimes she is staying at her sisters her sister has 4 kids and lives in a three bed room apt. and is on section 8 housing so it my 2 kids plus her 4 kids and her and my x.what do you think the chances are i get tempory custody and how long does that order usualy take for them to tell me if i get temp custody.

Expert:  legaleagle replied 5 years ago.
I think you have a 90% chance of getting custody if you prove the living arrangements to the court. You should get something from the court in 7 days telling when a hearing can be scheduled.
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
legaleagle and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
how can i prove the living arrangements what are some things i can do she wont have any bills at either place because one is her sisters house and she is on section 8 and if she gets caught with her living there she will lose the section 8 housing so there going to hide it and her parents have all the bills in there name thanks
Expert:  legaleagle replied 5 years ago.
You can take pictures or get neighbors to testify, she will have to prove where she does live so she has to show that she lives somewhere other than where you are alleging. You may even be able to get the children to explain their living arrangements to a counselor who can then testify about their living arrangements.

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