i need real addvice from a person that has been in my situation or a lawyer!!!!!!!!!?
i am married to a man in pa… we have had a long run 16 years but that has deffinatl come to an end…we moved to vegas and he stayed for a few years… he left us and went back to pa in june of 08… i had my kids and no job and was eventully evicted from our home… i met a man that made me feel like a qween and treated my kids as if they were his… he had to go away for a little while so i brought my kids home to pa fpr christmas … when my boyfriend came back in to my
lifein march i decided that i wanted to come back to las vegas … when my ex found out i was planning to leave pa he filed a fake protection order against me and mad it so i could not even call my lkids or go with in 100 ft of them… i left and came back here and i havent even been able to speak with them 1 time… i call every day and write them e mails but its not the same as hearing their voices and knowin that they know i care and want them with me … what rites do i have … i have never been servrd a paper or summons tp appear for any type of court proceedind i have a valid nv id and it has my current address on it so i am not hideindg….it almost seems like he made this story up….. can you get full custody with out even notifying the mother ? please help
2 Responses
sweet.caroline
09 Mar 2010
LovesTheConstitu
09 Mar 2010
Consult your attorney as soon as possible. This is too complex and too important to attempt to resolve with expert help.
If you do not consult your attorney, you are not serious about winning.
When you had your kids in Nevada and he left you and went to PA back in 08, you had kids so why didn’t you sue for divorce on the basis of desertion and ask for alimony (short term usually with only 16 years) and child support?
You took your kids back to PA and you must have left your kids with the ex. You made a mistake when you left PA and didn’t sue for custody of your children. You has a good case of his desertion leaving you and the children destitute in Nevada. Have you been involved in any illegal activity? If you were sleeping with the BF with the kids in the house, and you were still married, that could be some grounds for being unfit which is probably what he was implying. It could be that the order was to keep you from kidnapping the kids and taking off with them.
If you want the kids, you may have to sue for custody and show that you can take care of them. You need a job and a place to live. You should see an attorney. Some attorneys will charge $100 or so for an initial consultation and tell you the amount it will take to fight for the kids.
the general rule is that you can’t take kids and leave the state. However, when you both went to Nevada together and he deserted you, that was the best time for you to take action. Now it is trying to undo some things that were detrimental for you and the kids. See an attorney to find out your rights. If you cry you have no money, you won’t et your kids back. it will take money to get them back. You might want to see if the protection order expires within a period of time. And you say it is fake order and it may be real order if a coourt issued it, but the reasoning behind it might have been fake. However, if ou were going to take the kids away, then he could get the order to prevent you from taking the kids out of state. If you had custody of them and they were with you, I sure don’t understand how you lost that custody. When he filed that order, there should have been a court date when you could have fought it and you should have rather than going back to nevada.
You need to talk to an attorney and tell him exactly what happened and when and how you brought the kids back to PA for Christmas to see family and then how the father kidnapped them. However, usually so long as they are not taken out of state it is not considered kidnapping when there is no official custody given. He may have custody now and so you have to sue for custody.
Good luck to you.