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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If my wife left the house eventhough she took my kids possessions.

Customer Question

If my wife left the house eventhough she took my kids possessions. I went to the school and explain to the kids what was happening and they wanted to come with me. I texted their mom and explained that to her she did not respond. My 11 year old daughter came home as usual on the school bus.I picked up my ten year old as usual from the after school program.They have been with me since. My wife had a lawyer already.I retained a lawyer yesterday. My wife now wants me to drop them off to their grandmother so she can pick them up. Neither of the girls want to go. If my wife gets them can she file for child support. Am I allowed to keep them and go down to the Child Support office and tell them that she left the house I dont want any child support from her but I have the kids and am the ptimary parent so that she will not be able to take child support out on me. I have no issue with her seeing the kids at all.She is welcome here anytime. She has stated to me that she does not want me to come to her new home. She will not answer my calls and feels like we need to communicate through a third party that is biased already. I disagree.
If I take them I feel like she is going to keep them from me an that she is going to try to get child support. What can I do while the lawyers are ironing things out. I live in Savannah Georgia
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 2 years ago.
Is there any court order or custody/visitation order in place?
Customer: replied 2 years ago.
Expert:  Roger replied 2 years ago.
Ok. Thanks. If there is no court order in place, then you have just a much right to the children as the mother. So, if you have them, you don't technically have to give them up.....unless a court order is entered requiring you to give them up.
Expert:  Roger replied 2 years ago.
Thus, there should be nothing illegal about you keeping the children. Also, your attorney should file a petition for divorce and then file for a temporary injunction to allow you to keep the children until a permanent hearing is held to determine custody and visitation.
Customer: replied 2 years ago.
What if she gets them out of school can she apply for child support
Expert:  Roger replied 2 years ago.
She would have to apply for custody, and if the court granted it to her, she could then ask for child support on a temporary basis.