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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38184
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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what are my rights as a mother who has been absent for 9 months

Customer Question

what are my rights as a mother who has been absent for 9 months of my kids life and they live with my sister right now and my husband is an over the road truck driver who pays constantly for my kids and seesthem but I had personal issues and sent my kids to my sister for awhile. Now im better and want my children so what are my rights in that case.
Submitted: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.

Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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When you sent the kids to sister's house was this formally done through the courts with her being appointed temporary guardian or was this informal where sister agreed to look after them for a while?
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Do you know if any legal action has been taken by anyone in Court regarding the legal custody or guardianship of the kids?

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Are you still legally married?
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Thanks
Barrister

Customer: replied 4 years ago.

It was informal no courts involved and as of now still dont have courts involved it was just temporary due to getting evicted and emotional breakdown. I wanted my kids safe until I got straight. Shes trying to say the school was watching me and drilling my oldest son about his family life. So I believe theyre trying to take my kids but know they havent went to court or anything. My husband and I are separated but not legally. Hes a long haul truck driver that lives with his mom when home in state but takes financial care of kids and pays more than he should to my sister because she is always asking for more so I feel shes taking advantage of it. He pays well over 2000 a month. We want to get a place and raise our boys together. Does she have any rights or do I still resumefull custody taking them back?

Expert:  Barrister replied 4 years ago.
If there was nothing done formally through the court, then you are still the legal custodial parent of the children. Even if you gave sister an informal voluntary guardianship, you can terminate it by simply notifying her that you are retaking custody of the kids. She or husband would then have to file a formal action in Family court to try and prevent you from doing so.
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As it stands now, you can go pick up the kids and there is nothing legally that could be done to stop you.
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Thanks
Barrister