Who has custody of my children if my ex just left them? 5 Answers as of June 28, 2011

She wasn’t home so later that night I took them home and ask here how she could do this. Later I here a knock on door its two of my kids I look outside and she is know were to be. Caught my fiancée of 14 cheating on me for the third time I moved in with a friend I called and wanted to see my kids she said no. She just dropped them off and left. She called police made up a story and I went to jail I sat in jail for 20 days. When I got out she was in rehab my kids were with her parents she gets out of rehab a day later I don’t care if she has them and is taking care of them but she is not she doesn’t even live there. I’m broke have no money for a lawyer and now her parents wont even let me see them. Can I just go get my kids? What do I do? Please help me.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You should file a petition for paternity and ask the Court to establish a residential schedule.
Answer Applies to: Washington
Replied: 6/28/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
There is too much missing information to be able to give you a good answer. Check with your local bar association to see if there is a program where you might be able to meet with an attorney for some advice. In King County there is a family law legal clinic where you can meet with an attorney for free for basic information.
Answer Applies to: Washington
Replied: 6/27/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
It sounds to me like you need to get into court. The court will enter an order defining each of your rights relating to the children. Until that happens, you are both a bit in limbo. In theory, until the court rules in some fashion, both parties have more or less equal rights to the children. However, the court will take an extremely dim view of one party withholding the children from the other. It will also take a dim view of the parents yanking the children back and forth and disrupting their lives. Therefore, you need to get court orders in place saying who has the children when.
Answer Applies to: Washington
Replied: 6/27/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
If there are no orders in place, her parents have no rights to the children. If the Mother has been ordered to be the primary caretaker, she can place the children withwhom she wants and your contact isgoverened by the order/parenting plan. If there are no orders, your rights are the same as hers. Now a futurecourt may not like your disturbing the children from a good situation however.
Answer Applies to: Washington
Replied: 6/27/2011
Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
In many counties in Washington, there are pro bono attorneys that can help you with family law issues. You might be able to find one of those attorneys through your county Bar Association. It's not clear whetherer you and your ex have a Court oordered Parenting Plan. If you do not, you need to speak to a family law attorney about drafting one as soon as possible. The Parenting Plan will lay out who has physical custody of your children, who can make decisions for them, the terms of visitation,etc. It can also include provisions for your children when there is a dispute between you and your ex. Every parent has a right to a relationship with his/her children. The court may limit the circumstances under which one parent has access to the children if there is a history of abuse, neglect, inappropriate behavior, etc.
Answer Applies to: Washington
Replied: 6/27/2011
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