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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27594
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I recently broke things off with my boyfriend. We have a two

Customer Question

I recently broke things off with my boyfriend. We have a two year old together and he has been my 4 year olds dad since she was 1 year old. He hasn't worked most of the relationship and I supported us. When I decided to leave he told me I had to leave our home and find a new home bc I was at work when the lease was signed. He promptly moved in his new girlfriend and has been trying to keep my girls from me from the beginning. He took my daughter to the emergency room for a rash the other night and they hotlined him causing dfs to come visit. He blamed me completely and says I can't have my four year old today for her birthday and he works all day anyways. He has taken control and has everything I own held ransom. I feel like since there is no custody in place and dfs hasn't contacted me. Shouldn't I legally be able to just go get them.
Submitted: 2 years ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Just to be clear,. your boyfriend has both children, one being from a previous relationship?
Expert:  FamilyAnswer replied 2 years ago.
Hi, are you still with me?
Customer: replied 2 years ago.
Expert:  FamilyAnswer replied 2 years ago.
Great. Would you mind responding to my information request above? This way, I can provide you with an answer.
Customer: replied 2 years ago.
He's at work his parents have them.
Expert:  FamilyAnswer replied 2 years ago.
Thank you. In regard to the 4 year old you have from a previous relationship, he has no legal right to the child or basis to keep them, absent a court order. It does not matter that you have been with him all this time and he has been like a father to the child, he has no legal right to basis and you can retrieve the child. Moreover, while he may be the father of the younger child, absent a court order, he has no right to keep them either. Yes, he may be the father but paternity needs to be established and custody needs to be ordered, since you were not married at the time of the birth nor are married now, giving him a legal right. As such, both children can be obtained by you and he can not withhold them, unless he has a court order. Assuming that is not the case, you can get them and if there is a problem, call the police and ask that they assist .
Customer: replied 2 years ago.
He's telling me that dfs told him not to let me have them back and to file for custody over the rash which she gets very easily since birth very often. But nobody has contacted me.
Expert:  FamilyAnswer replied 2 years ago.
Unless DFS has contacted you and advised of the same, you do not need to rely on what he is telling you. Moreover, you can call them directly to verify this, if you have concerns, since he may just be telling you this. The child having a rash, alone, would not be a basis for the child to be removed, unless it was a result of neglect or you somehow harmed the child in some way. Children gets rashes all the time and can be caused from different reason.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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