Friday, October 22, 2010

Getting custody of two children?

My boyfriend has two children that the biological mother has live with her so she gets child support. they are 14 and 11. My boyfriend pays out $800.00 a month to this lady and she doesnt spend any of it on the children. she uses all of it for rent and to buy drugs. this lady does weed everyday and to the point where she cant even cook dinner for her own children because she is too stoned. Both children have told the mother that they dont want to live with her because my boyfriend takes better care of them, but she wont let them leave.

we are going to be moving to hawaii and would like to take the children with us because living with their mother is detrimental to their health. if we were to have the children come visit us and never sent the children back( the mother doesnt have legal custody of the children) would that be considered kidnapping or illegal? How hard is it to get custody of children that are being raised by a pothead? shouldnt that be an automatic thing to get them out of that house?

my boyfriends mother told him that the 14 year old could have something called pro bono? Please give me advice on how to help get these children

Getting custody of two children?
You have to prove that she is doing drugs. Paying rent with the child support money is actually legal, as it's going to provide a home for the children. If she doesn't have legal custody, who does? You would need to go to the court, and petition for custody from them from whoever has them.Getting custody of two children?
pro bono is basically a free lawyer. If the mother doesn't have legal custody then you need to talk to the person who does and see if they'll sign over custody to you...otherwise you are wrong or misinformed and she actually does have custody (you don't get child support unless you have custody). You would need to hire a lawyer and go through family court which unfortunately can be a long and expensive process. The children can not go with you unless you have physical custody or court established visitation that states that they can travel out of state to visit you at your new home in Hawaii.
Yes, it would be kidnap unfortunately, I've heard about thousands of instances like this, where the father takes the child or children away, and is arrested for abduction, even if they never went to court to officially arrange the mother having custody, she is still classed automatically as having custody. This is something only a lawyer will be able to help you with, but honestly don't do anything rash like taking or keeping the children without it being approved by the courts, this could ruin your chances of getting custody ever. If what you say is the truth then there is a good likilihood that you'll win in a custody battle - and at their age, the children's wishes would be taken into account too. My advice would be to not move to Hawaii until you get this sorted however. I'm sure you don't want these children to have to fend for themselves without you both around with this woman, and it might not look good in court if you go in telling them what a terrible woman their mother is but then have to admit you left them there with her.
you could go to family court for custody. there is nothing documented through the courts on custody, then your bf has as much right to the children as the mother. (i had to learn this the hard way) if you can prove that the children who are in school and have friends and in serious danager then i am sure he will be awarded custody. as far as taking them to Hawaii, the ex could go to the courts and have the children returned. also in the court system, (depending on the state you live in) a child, in Florida, during a custody battle, would meet with the judge and tell the judge who they would like to live with and why. Some courts order a gardian ad litem, which is a neutral third party (has some sort of decree that they can represent the children) and they speak for the child and make suggestions to the judge. you just have to remember that no matter what those children are going to be effected by this. I wish you the best of Luck!

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