I live in West Virginia, and am wanting full custody of my children. Their father and I were never married.?
I recently got out of a seven year relationship with the father of my children. He has served me with papers-- he wants his child support order to be enforced, and he wants visitation. Personally, I want full custody with visitation set up on my terms. I am not saying that he is/ was a bad father, he has several redeeming qualities, but with that being said, I do not feel comfortable with my children being 160+ miles away from me. He has NO CAR ( what if an emergency were to arise?!?) and the woman he has been seeing has spent time in jail for child endangerment ( not someone I want my children around!). I have had and kept a full time job for the duration of our relationship, and I just finished college in May. I only want what is best for my children, and I am afraid that their father will try to keep the kids on one of his visits. He has had a hard time dealing with the fact that our relationship is over, and I have moved on with my life. I only want what is best for my children: stability and security-- two things their father has never been able to provide. Any advise for going in to court?? Anything would be appreciated!
- Anna ELv 71 decade agoFavorite Answer
I hope you have gotten or are going to be getting an attorney. In most instances now days, the parents are given joint custody of the children unless there is a reason otherwise. The fact that he is seeing someone who was convicted of child endangerment could tip the scales in your favor, but not necessarily. If she went off and left her children alone and cps got involved, this could be child endangerment, but since the children are under the care of their father and not her, this may not be that big a deal for the court.
I doubt that they are going to set up visitation on only your terms. At the very least he will probably be granted visitation every other weekend, maybe more often. After all, he is the father and actually has as much right to the children as you do in the eyes of the law.
As for him trying to keep the kids on one of his visits, I wouldn't think he would try this since he apparently has retained an attorney if you have been served papers regarding child support and visitation. After the proceedings have gone through and the court order is in place regarding custody and visitation, if he keeps the children, you will only need to have the custody agreement in hand and have the police go to his residence and make him turn the children over to you.
- 6 years ago
In order to petition for emergency Virginia child custody, the child must be present in the state at the time of petition, but does not need to be a resident of the state. The Uniform Child Custody Jurisdiction Enforcement Act dictates that states must defer to the decision of the child's home state's family court. However, in an emergency situation, another state may be able to temporarily change an order. In some cases the court may grant emergency custody if it's found that the custodial parent is a substance abuser or convicted child molester, even if no abuse or neglect has been reported. The conditions that determine whether emergency custody orders can filed can vary; a family court judge will make decisions on a case-by-case basis.Source(s): http://xuongphimhd.net/
- sonesLv 44 years ago
If he's no longer on the delivery certificates then he can't do something. although, if he's it somewhat is yet another tale. in case you probably did no longer checklist the childs father on the sheet they gave you approximately who you enable to p.c.. up your little one call the college and tell them that somebody has been threatening to take you little one from college and that they'll shop a specified eye on him. additionally reckoning on the variety you experience you are able to attempt and get his parental rights taken away if that is been years when you consider that he has seen the little one. you are able to communicate with a criminal professional or somebody at criminal help approximately gaining custody if he's listed because of the fact the daddy on the birthcertificate. good success and dont enable your shield down.