I’m not certain that there is much that can be done. Legally, I believe that he has essentially given her primary legal and physical custody by not being around, no visitations etc…but that does not mean that he does not still have the right to visit with them. It sounds as though he is going to the school to keep from having to deal with her.
I suggest that she sit down with the children and discuss this situation with them. Find out if what they want. Supervised visitations are normally only when there has been a history of violence and I do not see that there is much that can be done in this short amount of time. She will need to speak to her ex also and let him know how she views this situation.
When her husband showed up at school did he attempt to take the children from her custody? If that was the case then she may be able to get an ex parte order.
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Helena M. Nevicosi
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A friend of mine has not seen her husband in 7 years. In this time he has not seen his kids altho he knew where they were. They lived in another state but she moved back to NC when they split 7 years ago and he never tried to stop her. She has never went to court to get custody. (which I told her she needed to 7 years ago) He has paid support off and on and is over $25,000 behind. She did go through CSE for this… He has recently moved back to the town next to her and has found out where the kids go to school. He actually showed up at the oldest’s school today. The mother is freakiing out big time.
He has NOT been in touch with the mother. He just showed up at the school. They would not let the kids go THIS time because he is not on their ‘allowed’ list BUT they told her IF he comes back tomorrow and demands the kids that they have no choice but to let them go.
Would it be possible for her to get an Ex Parte order untill they could go to court and set up custody and visitation? She knows now (FINALLY) that with out one he has as much right to them as she does.
She is willing to let him see the kids but wants it to be supervised untill they could get to know him. The girls are 13 and 11 and like I said they have not seen him or talked to him or anything in 7 years.
Thanks in advance for any ideas or suggestions.