who has rights

[danrh]

 I am trying to find out  if my girlfriend who i lived with for 10 years and have two kids 9 and 7 with can come and get my children they do not want to g back home and there is no custody drawen up as at this point i can not afford a attorney

[purrrfectgirl]

I would say take the kids down to the court house immediately and file for temporary custody.  However, depending on State laws there may be some custody already established.  If you were never married, some States put sole custody with the mother until the father fights to change it.  But not all States have laws like this.  If your State does it could make the whole process harder.  

Also, how long have the kids been with you?

How old are they?

[danrh]

The kids have only been with me for about a week  i was in jail for two months and when i came out she had moved and tool everything i owned. i called the mother and asked if i could get the kids for the night. she gave them to me the kids have stated they did not wantto go home. I  called her and told her if she want the kids she would have to come and get them she has not came as of yet.

[Lawmoe]

The answer is "yes."  If custody has never been determined by a Court order, in most states, the biological mother is considered the legal custodian.  Although you may be considered the father by virtue of signing an acknowledgement of paternity when the child was born, that, in and of itself, generally bestows no custody rights.

[Lawmoe]

The answer is "yes."  If custody has never been determined by a Court order, in most states, the biological mother is considered the legal custodian.  Although you may be considered the father by virtue of signing an acknowledgement of paternity when the child was born, that, in and of itself, generally bestows no custody rights.