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Im trying to get custody over my two children who lives with…

Customer Question
Im trying to get...

Im trying to get custody over my two children who lives with there mother in Colorado. We are not officially divorce yet but i already filled the papers. Last month i flew up to colorado to see my kids because its been a year since i saw them and my sons 8th bday was on the April 15. Well my spouse(wife) told me she had a boyfriend i was hurt an my son told me he saw him already, an she is smoking weed alot and the car she took my kids around had a strong smell of marijuana. I tried to ignore it an just be there for my two kids for the time i was there an not argue with her . My son an daughter been telling me there always at there grandma house an they want to come back hawaii. So Im trying to get my kids for the summer an bring them back Hawaii but im afraid she or her family wont give my kids to me.. what can i do to protect myself or have legal rights to get them?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in CO family court?

I filled in Hawaii tried to serve her 2 times but she moved with out telling me.I had to secertly locate her cell phone an i have a address but now i cant track her phone so im not to sure if thats were she living in colorado springs

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I talk top a probono lawyer here at kapolei court house but it didnt go well

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im dying to have my kids with me, im not out there looking for women. My kids is all i need in my life. An what sucks the most is when the kids are at the grandmas house i try to contact them and her so they could have my kids call me but i get nothing some times 2-4 days not a single word. Everyday i try to txt her or txt her family just so i can hear my kids voice. i just want to be the primary parent to watch and take care of them i dont drink i dont smoke. i just surf and go work.

Submitted: 20 days ago.Category: Family Law
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Answered in 7 minutes by:
5/2/2018
Family Lawyer: LegalGems, Lawyer replied 20 days ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,963
Experience: Experienced Family Law Attorney
Verified
I am sorry to hear this. Under the federal UCCJEA, which deals with child custody jurisdiction. The state that has jurisdiction is the state where the children have resided for the past 6 months so if the children have not been out of state for longer than 6 months Hawaii would have jurisdiction.A party can hire a private investigator to determine ones workplace or residence, and may seek an order which allows service by publication by newspaper.
Then the court will look to the best interests of the child to determine who is best suited for primary custodian.
If one party is unable or unwilling to encourage the child to have a relation with the other parent the court may take that into consideration because the court typically prefers a situation where both parents are encouraged to have a continuous and involved part in the children's lives.
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Family Lawyer: LegalGems, Lawyer replied 19 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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Customer reply replied 19 days ago
Hello how would I fight this case? Would I have to go to colorado? Or there other options?
Family Lawyer: LegalGems, Lawyer replied 19 days ago

The state where the children have resided for the past 6 months would have jurisdiction. One would need to file a petition for child custody in that court.

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

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Family Lawyer: LegalGems, Lawyer replied 16 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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