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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12825
Experience:  B.A.; M.B.A.; J.D.
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I gave my mom temp. Costudy 5yrs ago and she disappeared Ive

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I gave my mom temp. Costudy 5yrs ago and she disappeared I've now been in contact and seen my children for 10months now. But my mother is refusing to let me have and take my children. What can I do?
Submitted: 11 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 11 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



Could you explain a little more?

Was the custody approved by the Court?
Customer: replied 11 months ago.
I gave my mom temporary custody while I was going thought a domestic divorce. She the took off and disappeared for 5yrs and after search after search I found her and got in contact and have been seeing and talking to my children and my mom for 10months now. I have asked her for my children back and she said no but then I tried to compromise and she agreed that at the end of summer she would give me back my children and we would come visit her on all vacations and breaks and summers she will have the girls. But now that it is time for my children to be with me she is refusing. She has made my 8yr old call me to tell me that if I want them (my 2 girls) I have to go to the court and make them come because they are not going to be with me. What should I do? I am already on my way to AR from AZ.
Expert:  Phillips Esq. replied 11 months ago.
Thank you for the information.

So, my understanding is that your mother's custody of the children was not approved by the Court, this was just an arrangement between you and her? Is this correct?
Customer: replied 11 months ago.
My mom had me get it notarized by a bank when my ex tried to fight me for the children he was threatening to take them to Mexico and never return so my mom told my ex that I gave her temporary custody and that he would have to fight her for the children.
Customer: replied 11 months ago.
She is also collecting child support from my ex but not from me.
Expert:  Phillips Esq. replied 11 months ago.
I do not quite understand while you were in the middle divorce and custody of the children was one the major parts of the divorce, that the Court did not make any Judgment regarding the custody of the children--that the Court would just allow you to say that your mother has custody and the Court never made any ruling on custody.

Kindly clarify?

Did you or did you not have permission of the Court to give custody to your mother? That's all I want to know.
Customer: replied 11 months ago.
As of today nobody has jurisdiction over custody in the court. The courts could never decide if California has jurisdiction or Nevada at the time and when I gave her TEMPORARY CUSTODY my mom had just said all I needed to do was go with her to the bank and get a notarized document. I did the notarizing right before we started going back and forth for the devorce so nobody has jurisdiction that I know of over the custody of the kids but it does state that she has temporary custody. I did not give my custody or my rights and in the paperwork it only says TEMPORARY.
Expert:  Phillips Esq. replied 11 months ago.
Thank you for the information.


Your Question:

I gave my mom temp. Costudy 5yrs ago and she disappeared I've now been in contact and seen my children for 10months now. But my mother is refusing to let me have and take my children. What can I do?


Response: If you gave tempoary custody to your mother and now she has refused to return the children to you, you can go to the District Attorney's Office and file kidnapping charges against her. You need to bring the original document gving her Temporary Custody with you. If you have called the Sheriff and the Sheriff was not able to get the children from her, the next stop would be to the District Attorney's Office to file kidnapping charges.


Let me know if you need further clarification.
Customer: replied 11 months ago.
What if I tried most of that and it didn't work. I still don't have my children cuz the sheriff is related to my mothers husband and refused to help me even with proper paperwork.
Expert:  Phillips Esq. replied 11 months ago.
What if I tried most of that and it didn't work. I still don't have my children cuz the sheriff is related to my mothers husband and refused to help me even with proper paperwork.


Response: If you have proper papers from the COURT, the Sheriff would have no choice but to enforce the Court Order. If the Sheriff refuses to enforce the Order, the Court could get another Court Officer to assist you.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12825
Experience: B.A.; M.B.A.; J.D.
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