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Hi Im trying to get custody of my 3 kids whch are 10yrs 9yrs

Hi I'm trying to get...
Hi I'm trying to get custody of my 3 kids whch are 10yrs 9yrs 7years old ... they were living with me for a lil. Over a year before there dad took them when I was in jail .. but when I got out he didn't want me to get them .. at first I served him with papers for court but he never served me ..so ever since then he hasn't let me see my kids or talked to them .. I need advice
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Answered in 16 minutes by:
5/15/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

Alex Esquire :

okayHello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

It appears that you are currently offline.

Alex Esquire :

Please let me know when you are online and I will be happy to answer your question.

Customer: Yes I am on line now
Customer: Are you online
Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about your unfortunate situation.

Alex Esquire :

Can you tell me when was the last time you saw your children?

Customer: Is there anything I can do he actually doesn't have custody of my kids .. but he said he does but eel didnt. Go to court
Customer: The last time was on may 6 on my daughters 10th birthday but only of 5 mins
Alex Esquire :

Did the court ever ordered child custody or visitation?

Alex Esquire :


Did the court ever ordered child custody or visitation?



Customer: When I took him to court I had someone serve him the paper work but I couldn't find the building so I was late .. but him he didn't serve me anything he just told me that the judge gave him full custody of my kids when I got out of jail
Alex Esquire :

Did the court award the full custody of the minor children to your husband while you were in jail?

Customer: I don't know he said yes but I didn't get no paperwork he didn't show anything either it was all here say
Alex Esquire :

Okay.

Alex Esquire :

How long have you been in jail and what type of criminal convictions do you have in your past?

Customer: I was in jail for 5 day and the cops raided the house were I was staying at.. but I moved from that area .. my criminal background us drug crystal meth but I started to go to classes for that
Alex Esquire :

Do you have any felony convictions?

Customer: None at all..but my ex has felon on his record but 2000
Alex Esquire :

okay.

Alex Esquire :

How long have you children lived with their father so far?

Customer: Probably 8 months . . I know its less then a year..
Alex Esquire :

Do you currently use any illegal drugs and do you have a job and a stable place to live for yourself and your 3 children?

Customer: No I don't use illegal drugs ... I just got a job an I have a very nice house for me and my kids
Alex Esquire :

Great

Alex Esquire :

I had to ask you those questions.

Alex Esquire :

Well, the first step in this situation would be for you to consult and retain a local child custody attorney to help you file a Petition with the local court for custody and visitation.

Alex Esquire :

Can you afford local private child custody attorney?

Customer: That's OK .. I understand I would answer any questions to get my baby's back
Customer: To tell you the truth no .. we have people that help with the paper work .. but that's it
Alex Esquire :

Well, the child custody process can be very complex and difficult, so I would suggest that if you are not able to afford a local child custody attorney, that you do contact your nearest legal aid society and apply for free or low cost legal services to help you with your petition to establish custody and visitation.

Customer: In know he is going to fight dirty so I don't get my kids .. will the judge talk to my kids bout where they want to go
Alex Esquire :

It is extremely important for you to get moving in this direction as soon as you can, because the longer you wait on this, the harder it will be for you to obtain primary custody of your children.

Alex Esquire :

The kids are very young

Alex Esquire :

So, the court might order psychological evaluation of the children, but it is unlikely the children will get to speak in court or to the judge directly, since such is permitted generally when the children are 12 and over.

Alex Esquire :

does that make sense?

Customer: Just one more question if I start the paperwork an you knowing somewhat I went to jail for my status of income an housing is there somewhat a chance I can get my baby's back
Alex Esquire :

Also, the children do not get to decide with which parent they get to live, the court makes the decision on what is in the best interest of the minor children

Customer: Yes it makes sense .. so whill im doing the paper work should I so.
Customer: Yes I makes sense ... OK while I'm doing the paper work should I still keep on txting my kids dad to talk to my kids ... cause I know for sure that he going to make it would like I don't even try to get a hold of them .. the only time before he only let me see the kids if he ran out of food or needed a bill payed .. so should I still help him and keep on txting him bout my kids
Alex Esquire :

Absolutely.

Alex Esquire :

You can try to make an attempt to see your kids, as long as, you do not break any laws or do not do anything illegal.

Alex Esquire :

Do you have any related follow up question?

Customer: OK thank you for all your help..
Alex Esquire :

I wish you the best of luck and hope that you do get the custody of your precious children soon.

Alex Esquire :

Thank you and please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required. I wish you all the best.

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Dear Remy,

Thank you and please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required. I wish you all the best.
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

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