Temporary Custody

[MyDecembergirls]

Hello every one. I am so happy to see a site that encourages fathers to fight for their rights regarding their children.  Alot of my friends feel like I am going against women, and that is not the case at all.  I just don't agree  with the fact that mothers use thier children as weapons when they are angry or resentful at thier ex-boyfriends/husbands.  

I really need some help.  My husband has his daughters living with him.  It was a mutual agreement between the childrens mother and him.  The childrens mother signed and notarized a letter allowing my husbands children to reside with him for the 2003/2004 school year while she "got herself together".  The agreement was that the children would be returned to her in June of 2004.  She is now saying that she wants the children back immediately and so forth.  My husband feels like that would jeopodize thier education.  Pulling them out of school in the middle of the school year just doesn't sit right with him.  Is the notarized letter considered a legal binding document.  In which case he can use to prevent the mother from getting the children until the agreed upon time.  Please be aware that we live in North Carolina and the childrens mother lives in New York City.  Any help you can give me would be greatly appreciated.  My husband wishes to gain full custody of his daughters but is not sure what steps to take since he resides in North Carolina and when the children go back with their mom in June (Hopefully, and not now) they will be residing in New York City.  

I am sorry if this is to lenghty. But my husband really needs help.  He needs and wants to help is daughters grow up in a subtible enviroment.  To say the least last school while the children resides with their mom they both had over 25 absentces and over 30 latenesses, for no apparent reason.

[Brent]

>Is the notarized letter considered a legal binding
>document.  

Unfortunately, no, but the circumstances are in his favor (see below).


>My husband wishes to gain full custody
>of his daughters but is not sure what steps to take

He should retain an atorney and file in court. The children have been with him for a year, in what's called an 'ECE', an established custodial environment. This usually carries a lot of weight with the courts. It means that they've grown used to his home and his care, and they seem to be doing well in school, which is a big plus.

Her notarized letter will help, but in itself isn't 'officially'' recognized as binding by the court (but it DOES show intent).


>He needs and wants to help is daughters grow up in a
>subtible enviroment.  

Exactly, and this is one of the points he must press.


>while the
>children resides with their mom they both had over 25
>absentces and over 30 latenesses, for no apparent reason.

Again, this is an important point to show the court. Here are a few pages that may help (some of these will apply more than others):

Defining ''Substantial Change In Circumstances''
http://www.deltabravo.net/custody/circumstances.htm

Tips For Getting Started
http://www.deltabravo.net/news/10-19-2000.htm

How To Hire An Attorney
http://www.deltabravo.net/custody/hiring.htm

Hiring An Effective Attorney
http://www.deltabravo.net/custody/effective.htm

Tips On Keeping Documentation
http://www.deltabravo.net/custody/tips1.htm

In addition, you should definitely document the children's progress in school, as this will be a key point to stress to the court. Get yourself either the Parenting Time Tracker (PTT) at: http://www.deltabravo.net/custody/tracker.htm or the OPTIMAL Custody Tracking service at: http://www.parentingtime.net. The PTT is free, but the OPTIMAL service is better for documenting this kind of thing, especially if you may end up in court.

[MyDecembergirls]

Thank you so much for your quick advice. A few more questions. Since he lives in North Carolina and the childrens mother live in New York City is that going to pose a problem.  

Secondly, since the children are residing with him here in North Carolina can he file something in North Carolina for the mean time to assure the children are allowed to stay for the school.  And then subsequently file for the permanent custody.  

Once again thanks.

[Brent]

>Since he lives in North Carolina and the childrens mother
>live in New York City is that going to pose a problem.


It'll make things trickier. I'd definitely consult with an attorney as quickly as possible, as he or she will be able to give you the details on what this will involve.

>Secondly, since the children are residing with him here
>in North Carolina can he file something in North Carolina
>for the mean time to assure the children are allowed to
>stay for the school.

This is exactly what I'd do- file to make sure their environment stays stable, and where they appear to be doing well. Get an attroney involved and start documenting everything, especially the children's scholastic improvements since they started living with dad.