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I live with my boyfriend now, but we broke up and we have twins.

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I am going to submit...
I live with my boyfriend now, but we broke up and we have twins. I am going to submit custody papers by the end of the week. I want to know legal ramification of taking my twins with me before custody issues are resolved? He is on the birth certificate but he has no job, hasn't had one for 20 years, no way to support them? He is seeing his ex wife who is bipolar and I believe an endangerment to them? Help!
Submitted: 7 years ago.Category: Family Law
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Answered in 7 minutes by:
2/1/2010
Family Lawyer: AttorneyTom, Lawyer replied 7 years ago
AttorneyTom
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When one parent takes her children and flees potential danger, the fact that she has done so should not typically hurt her custody efforts.

However, absent a showing that there was a danger to the parent or the children, fleeing with the children and refusing the other parent access can potentially adversely affect custody efforts in future proceedings. This is particularly the case if the court believes you might potentially attempt to permanently deny the other parent access to the children. Further, if your boyfriend's relationship with his ex-wife is endangering the children, the court can limit his visitation or deny him custody based on that danger.

Accordingly, you'd be prudent to retain an attorney for the custody matter. Your attorney can help you evaluate whether or not a court is likely to perceive a risk justifying such flight. Your attorney can also help you determine if your boyfriend's relationship with his ex-wife is sufficient to aid you in limiting visitation or custody.

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If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.



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Customer reply replied 7 years ago

I don't want to permanently bar him from them I just want to move to a different house where she doesn't know where I live? My question I guess is can he call the cops on me for taking the twins to a different location? I mean I pay the rent, I am the one with the job? I don't want an amber alert out for me. If I file before I move out, would there be some sort of temporary custody until the hearing?

Family Lawyer: AttorneyTom, Lawyer replied 7 years ago

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

You can petition the court for temporary custody pending the final order. Your boyfriend can also petition the court for a temporary visitation order. The court will then evaluate the petition in the best interests of the children.

Absent a court order, both parents have equal and unlimited access to the child. Leaving the home for safety reasons isn't typically a problem. Parental kidnapping only arises after a court order is in place. However, if it appears that you're trying to permanently deprive him of the children, that could have different results. Accordingly, you should retain an attorney for the custody matter and to help you determine the best manner of protecting your safety and your custodial rights.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.



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Customer reply replied 7 years ago
Sorry just one more question. Soo if I move, even though I am leaving him there...he can't call the authorities unless he tried and contact me and I said no you can't see them? Moving doesn't qualify as trying to deny his "equal and unlimited access to the child"?
Family Lawyer: AttorneyTom, Lawyer replied 7 years ago

Please Note: Your deposit will not be applied to this question unless you click accept. JustAnswer provides me with absolutely no compensation. I receive no salary or hourly wage from JustAnswer. I receive nothing at all for my time spent responding to your question unless you click accept. Your gratuity is appreciated.

Absent a court order, each parent's rights to physical custody of the children are equal, meaning neither parent has a right to force the other parent to hand over the children. Parental kidnapping is not typically a problem in such situations. There's a good article about parental kidnapping at the following link.
http://www.womenslaw.org/laws_state_type.php?id=686&state_code=WA

However, it could potentially adversely affect your custody efforts as mentioned previously and you should retain a local attorney to help you protect those interests.

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated.

If you need additional clarification of this response, please ask a follow-up question and I will be happy to clarify.

Sincerely,
T

_____________________________________

Please click the green Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at http://www.lawyers.com or http://www.martindale.com.



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