CUSTODY FOR UNMARRIED FATHER

[SCOTT30]

 I WAS WITH A WOMAN FOR 6 YEARS ,AND WE NOW SHARE TWO CHILDREN TOGETHER AGES' 4 & 5 . SHE LEFT IN LATE DECEMBER & HAS MOVED THEM TO  ILL. WITH HER PARENTS & HAS NOW STARTED DATING ANOTHER MAN  WHO HAS ASKED HER TO MOVE IN WITH HIM WHICH IS IN BOWLING GREEN ,MISSOURI . BOWLING GREEN , MO IS 100 MILES FROM MY CURRENT RESIDENCE THAT WE SHARED .CAN SHE LEGALLY TAKE THEM THAT FAR FROM ME ? WHAT ARE MU CUSTODY RIGHTS AS AN UNMARRIED FATHER? PLEASE RESPOND SO THAT I CAN SAVE MY RELATIONSHIP WITH MY TWO CHILDREN . THANK-YOU

[MYSONSDAD]

The first thing you have to do is establish paternity. Are you on the birth certificates? I think you'll also need a DNA.

Find a good family law attorney IMMEDIATELY. Petition the court for Paternity.

Once you establish paternity, file for a TRO and stop her move away. The more you can prove the time you spent with your kids, the better it will be. Start documenting and document some more. Get your paperwork together and get ready for some hard times ahead.

Sparc has a free time tracker or you can opt for the Optimal at Parenting time.net.

Get their school records and doctors reports. Show the children had your address and how long they lived with you. How much time you spent with them. Do you have any mail in her name to show she was living there with you?

But you have to do something now.

Have you spent time with your kids since she left? Why did you wait until now to do something?

"Children learn what they live"

[SCOTT30]

 WHAT IS A TRO & HOW DO I GO ABOUT FILING ONE ? I DO HAVE PROOF THAT SHE LIVED AT THE SAME RESIDENCE. YES I HAVE SPENT ALOT OF TIME WITH MY CHILDREN SINCE SHE HAS LEFT. I WAITED UNTIL NOW TO SEE WHAT I COULD DO ABOUT HER MOVING BECAUSE SHE JUST TOLD ME ABOUT IT 2 DAYS AGO.  THANKS ALOT.

[MYSONSDAD]

Petition the court for paternity. You will benefit to find a good family law attorney to get you started. Once you establish paternity, you can ask for a move away clause.

Try to work with her as far as your time with your kids.  Document everything and start compiling your documents. Keep good records on the time you have with your kids. Continue seeing your kids as much as you can. Let them know how much you love them and are there for them. This is not their fault and they need to know you will be there.  

Once she gets served, things will probably get ugly. Any chance you could work out a Parenting Plan that you would both agree too? There are several Parenting Plans in the article section. Children need both parents in their lives. If you can get around the conflict, it would be so better for the kids. Any chance you could sit down and talk with her? If she has already moved out and still letting you see your kids, she might be willing to work with you. It would save all parties a whole lot of grief.
Sounds like she might be willing to meet you half way.

Call around and find family law attorneys and get some legal advice. Every State is different. There is generally a 6 month residence for the children that will keep your case in your jurisdiction. You do have rights, you just have to fight for them.  

You will hear a lot about document, document, document.

You will also want to start reading the articles available on this site. Educate yourself.

Good luck..and welcome to Sparc

"Children learn what they live"