How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12983
Experience:  Experienced in multiple areas of the law.
18284290
Type Your Family Law Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

Hi, I have three kids with developmental disabilities. The

This answer was rated:

Hi, I have three kids with developmental disabilities. The father of my children had left our home in January of 2010 in our home that was in dire need of repair in North Dakota. It cost a lot to fix which I couldn't afford on my job salary and the fact I didn't have any transportation. The house became so unlivable with no running water, a leaky roof, and ice cold since it was winter still. I did have to go to domestic violence because of the disputes with him. We had to live a hotel til my mom helped me and my kids get to California to stay with her while I try to get on my feet and she paid for the repairs of the house in North Dakota for I could return but found it was too costly. He has not been supporting his kids since and has no had contact with them because we left him in North Dakota. He has paid 300 the first month I was in California.. which went to rent to my mother. Is there away he can take our kids back, even the fact he has not supported his children in close the two years?

Thank you for your question today. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.


It would be highly unlikely. I say this because when determining custody issues, a court is going to always do what it feels is in the "best interest of the child(ren)." So they're going to look at a number of factors - who the main caregiver of the children is, who is in a better position to best support the children, the emotional, physical and mental health and welfare of the children, if the children are older (usually beginning around 10-12) the wishes of the children, etc.

Here, the father of the children has a lot of negatives against him. He abandoned the household. He has had no/limited contact with the children even though it's obvious he knows where you are and how to reach you. And, he hasn't supported them, despite the fact they also have disabilities, making that support, I am sure, even more important. You also mention domestic violence. If he has been violent towards you and/or the children, that is another factor the court will pay close attention to and consider. In other words, when looking at who the children are better off with...based on these facts -- it is you, not the father.

That is not to say a court wouldn't give him some sort of visitation with his children. A court wants children to have a relationship with both parents whenever possible and not cut a parent out of their life, so long as a parent is not a danger to or harming that child. If he has harmed the children in the past, then the court may give him no visitation rights, or extremely limited visitation or even perhaps limited supervised visitation only with the children.

Please let me know if you need any clarification or additional information.

RobertJDFL and 2 other Family Law Specialists are ready to help you

Related Family Law Questions