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I am an unwed mother of two girls. My ex boyfriends name is XXXXX XXXXX birth certificate and he is their father. I am moving 90 miles away and he has taken the girls away and refuses to let me see them. police will not help. Am I the sole custodial parent if we've never been married and paternity has not been established.
Response 1: Unfortunately, you are not the sole custodial parent and paternity has been established because the father's name is XXXXX XXXXX children's Birth Certificates. So, both of you have equal custody until the Court issues an Order of Custody. This is why the Police would not assist you. The father has a right to have the children and you have a right to have the children. So, if the father decides to take off with the children, which I am not condoning, the father would not breaking any law because the Court has given you the primary custody of the children—the Court has not issued any Custody Order in the case. If you were to get the children from their father and leave with them, the father cannot do anything against you either because you would not breaking any law because there is no Order of Custody. Both of have equal custody.
how can I get my girls back. Their ages at 8 and 4. HELP
Response 2: Regrettably you must file custody petition with the Court at this time and ask the Court to award you sole physical custody of the children. You have to tell the Court the reason for your request. In a custody case, the Court would make a decision based on what is in the best interests of the children by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the children would be better off living with you, the Court would rule in your favor. Otherwise, the Court would allow the father to keep the children with reasonable visitation to you. So, it is very important that you tell the Court any and all reasons why you should be given sole custody of the child and why the father should not be given custody any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.
The forms for filing the Petition for Custody and instructions for completing the forms can be downloaded on the site below:
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