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My name isXXXXX; I have two children who have been

living with my fiancé and...
My name isXXXXX; I have two children who have been living with my fiancé and I for three years. Their mother was unable to care for them due to her life style. She has not provided any assistance for their care to me. I am not working currently my fiancé is providing for my kids and I. I would like to have full custody of my children. My kids have been attending school daily without any absenteeism; they are in a stable environment and are not in need for anything.
A quick background of my situation; I have had my children with me for approximately three years. I attained my son first because during weekend visitations he did not want to return back to his mother therefore I enrolled him in school and cared for him. A few months later my daughter called me and expressed she has been missing school and have been panhandling in the cold with her mother. I was very upset and removed my daughter from that unhealthy environment and brought her to live with my fiancé and I and enrolled her in school with her brother. They are in a very healthy, stable and routine environment. We take education very seriously as failure is not an option. My son Mark A. McNeil Jr. who is 10 years old in the 3rd grade and my daughter Tyliah R. McNeil who is 7 years old is in the 1st grade.
Tyliah has lived with her mother the longest who did not participate in her academics as a result she is currently repeating the 1st grade. My fiancé is currently in school seeking her PhD in Organizational Leadership. She is very good with my children especially in their academics. My fiancé does not have any children. My concern is that their mother has the legal right to remove them from my home and it terrifies me. I imagine perhaps they were exposed and/or witnessed a great deal of age inappropriate lifestyles of which I don't want them to experience again. I am aware as a paternal parent I do not have the same rights as the maternal parent. Any assistance you can provide will be greatly appreciated.

My contact information is listed below:

My cell#(XXX) XXX-XXXX, my fiance's # (XXX) XXX-XXXX either #s are available at anytime.
Our address is 5741 Amerson Lane
Ellenwood, GA 30294
My email [email protected], my fiance's email [email protected]


Sincerely,
Mark A. McNeil
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Answered in 16 minutes by:
11/1/2012
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question, Mark.

Please permit me to assist you. However please be advised that I cannot represent you or contact you off-site--your information appears crossed out for me. While I do have a good option for you as to how to start this process, I just want you to be aware of my limitations.

Would that suffice?
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Customer reply replied 5 years ago

Yes pleaseCool

Customer reply replied 5 years ago


YES

Thank you for your follow-up.

Not a problem, and I happen to somewhat disagree with your opinion pertaining to emergency. While it is true that you generally have to battle against some preferential treatment due to being male, since you have been the de facto caretaker for three years, you personally can go to court, even tomorrow, and file an emergency petition for emergency sole guardianship, based on your current bond with the children, and the complete unfitness of ex who has not been acting as a mother to the children. If the judge grants such an order, you would no longer have to give the child over to the mother, and would instead have to later on go to court so as to establish permanent guardianship (or rather, custody, since I assume you are listed as a father on the birth certificate). But if you do not obtain custodial rights, then I am afraid that her rights as a mother would trump you rights, and you would have to provide her with the children, even over your own objections. This is why obtaining a temporary order is so important, as you can later utilize that, along with your three years of caring for the children, as evidence of your 'fitness' and your bond with the children.

Good luck.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago

Thank you so much, I am going to the courthouse no later than Friday!

That is great! I sincerely wish you the best of luck!
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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide family and divorce law advice to my clients in my firm.

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