My husband and I are in the very early stages of separation. Its something we have talked about for a long time but hadn’t done anything about yet. This Saturday while I was out of town (his weekend with the girls) he called me and said he has taken his things to his parents house and he and the girls will be there until a custody agreement can be arranged. I was also told that I am not welcome there and if I went out there the police will be called. I called the local pd and indeed without papers there is nothing they can do. My husband has already hired a lawyer. I have not as I was just given all this information Saturday. Can he just take them like this? The reason he went to his parents is because of his work schedule he can’t take care of them by himself. I work part time and have been the parent the girls spend most of their time with. I do not make enough money to support myself let alone me and 2 little girls. What are my options here? What are some likely outcomes for this situation?
I am not a lawyer but am in the middle of a custody battle and have been deserted by my lawyer so I am acting pro se. I have leaned a lot recently and give you some basic advice. #1 taking the kids like that is not in the “best interest of the kids” unless you have substance abuse problems, mental health problems, etc. If not you are entitled to go retrieve your children if your relationship with them is a good one and they will walk out without a scene from their grandparents house. You can expect Chapter 50 papers I suspect coming soon which will put you as the Defendant. If I were you I would go to your local Magistrate today and file a motion for ex parte citing their removal will cause undue stress on the kids, on you as a homemaker and if there is any physical abuse from him. With that motion in hand, you can proceed to Grandma’s house and retrieve them, take them home and issue as well the ex parte against him preventing him from returning home. Then get a lawyer and file the custody papers, child support papers etc. Start writing down the history of your break up, the dates the problems and above all do not Lie. If you lie about the kids, you will probably loose them. Forget the heartbreak (if there is any) and concentrate on what’s best for the girls. I lost my two girls (maybe) because I “trusted” my ex to work things out. Get the magistrate to regain your household, and then find a lawyer. Good luck.
You may file an action for emergency custody if the children are at an immediate risk of harm, otherwise I suggest you file an action for temporary and permanent child custody and support, and set a hearing date so the judge can make a ruling on a custodial schedule.