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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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My children live with their father in California. I live in

Customer Question

My children live with their father in California. I live in Arkansas. We went through court proceedings but it was dismissed because my exhusband didn't follow through . I have been trying to find my kids for years and my daughter recently found me online and reached out. I've since been talking to the two oldest and they explained he is physically and verbally abusive to them as well as his current wife and kids. Although she won't speak out to the cops and apparently is verbally abusive and sometimes is the reason for their dads physical abuse toward them. There was a recent case with CPS but it was closed because the rest of the children are scared to speak up and be left to face their father and stay regardless. They also informed the CPS caseworker that they would not leave without their siblings which I wouldn't want to stir things up for the same reason. I need to know what I can do to have them come live with me before pursuing custody for the simple fact that I don't want to put them at risk of being physically abused by their father as he will blame them. Please help. I had a horrible attorney the first time around and my mistake was not filing for custody when we split up and never filing a police report when he would attack me. My daughter stated that she had to go back to tx and live with her grandmother for a year because of the abuse but felt she needed to go back to take care of her younger siblings. He is not fit and his wife is taking medication for a mental disability and he is also on some kind of disability. I work and have a stable home for them and want my kids to get through school and graduate without family issues. They've been through enough. And 2 of them have health problems that require a lot of attention. My son recently told me he takes medication for epilepsy and I need to make sure he gets the proper healthcare. Please help. I need some guidance. It's a delicate and complicated situation which I want my kids to bear the least amount of heartache and suffering for.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. Is there any court order in place, giving him custody? Why does he have them and how has he had them for all these years? Just trying to get a better idea of the history