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Asked 12/28/2007

Family Law

Not legally seperated wife left state with 2 children and making plans to stay there. if they are left with maternal grandparents will she comes back to Indiana can I as their father go to Ohio and get them with no problems.

 
 
 
 
 
Answers

Answer 1/3 - Submitted 9/8/2009

Unless you and your wife have granted full custody to the grandparents, absolutely. They are your children! Unless you are legally divorced, you have full rights to the children. That is the bottom line. If I were you, I would strongly advise you to get a good bull dog of an attorney. It sounds like your wife is trying to make your life a living hell. She has no right to use your children in any way shape or form against you! This in itself is child abuse! Because she is legally still married to you, she too has full custody. I would file for a divorce, and based on your state laws; obtain a restraining order against her. This would prevent her from coming within five hundred feet of you and your children. Again, I highly stress to you that is now time to consult with an attorney. Get her before she gets you! It is a sick game that millions of people are forced to play. When there are children involved, this becomes your mission. You as their father are responsible for them. Do what ever it takes to get custody! Right now you have legal right to drive where ever they are and pick them up. Find someone trust worthy and on your side to watch the children until you get back from taking care of the legalities at the courthouse. Get the ball rolling! Time is wasting and your children are counting on you! Good luck to you. It sickens me to know how many people use their children in these horrible ways!

 
 

Answer 2/3 - Submitted 9/8/2009

The grandparents are not the legal guardians of the children. If they can not prove that they are supposed to have custody of the kids, they have to give them back to you if the childrens mother is not present.

You need to act fast before she begins filing papers against you. If you can afford an attorney, get one right away. File for divorce, full custody, a restraining order, and be sure to stipulate in the custody papers that if she is granted visitation the children are not to be taken out of the state. This matter is time sensitive. Be sure to seek legal help right away to get the papers filed and get your kids back. If you do not have the funds to hire an attorney, check with your local court. They typically have free legal services to assist you in obtaining/filling out/filing the appropriate forms.

FIRST THING FIRST.....file for emergency temporary custody. This will give you full custody and protect your rights as a father until you go to court. Be sure to be clear in your petition that she has already tried running, leaving the state and hiding the kids from you.

Good luck to you

 
 

Answer 3/3 - Submitted 9/8/2009

Since this question is almost two years old, it would ebe intersting to find out if this couple reconciled, etc.

Though one should never confront 3rd parties without the aid of law enforcment. Corned people tend to react badly, and perhaps even lie about things liek assault, abuse,etc. If one must retrieve their children, from a third party in adversarial conditions. Law enforcement shoudl accompany you.

 
 
 
 
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