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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13898
Experience:  Experienced in multiple areas of the law.
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Hi, I have three kids with developmental disabilities. The

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Hi, I have three kids with developmental disabilities. The father of my children had left our home in January of 2010 in our home that was in dire need of repair in North Dakota. It cost a lot to fix which I couldn't afford on my job salary and the fact I didn't have any transportation. The house became so unlivable with no running water, a leaky roof, and ice cold since it was winter still. I did have to go to domestic violence because of the disputes with him. We had to live a hotel til my mom helped me and my kids get to California to stay with her while I try to get on my feet and she paid for the repairs of the house in North Dakota for I could return but found it was too costly. He has not been supporting his kids since and has no had contact with them because we left him in North Dakota. He has paid 300 the first month I was in California.. which went to rent to my mother. Is there away he can take our kids back, even the fact he has not supported his children in close the two years?

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It would be highly unlikely. I say this because when determining custody issues, a court is going to always do what it feels is in the "best interest of the child(ren)." So they're going to look at a number of factors - who the main caregiver of the children is, who is in a better position to best support the children, the emotional, physical and mental health and welfare of the children, if the children are older (usually beginning around 10-12) the wishes of the children, etc.

Here, the father of the children has a lot of negatives against him. He abandoned the household. He has had no/limited contact with the children even though it's obvious he knows where you are and how to reach you. And, he hasn't supported them, despite the fact they also have disabilities, making that support, I am sure, even more important. You also mention domestic violence. If he has been violent towards you and/or the children, that is another factor the court will pay close attention to and consider. In other words, when looking at who the children are better off with...based on these facts -- it is you, not the father.

That is not to say a court wouldn't give him some sort of visitation with his children. A court wants children to have a relationship with both parents whenever possible and not cut a parent out of their life, so long as a parent is not a danger to or harming that child. If he has harmed the children in the past, then the court may give him no visitation rights, or extremely limited visitation or even perhaps limited supervised visitation only with the children.

Please let me know if you need any clarification or additional information.

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