I am new and in need of advice

[Kitty C.]

Unless you sign that agreement in a court of law, it's not worth the paper it's printed on and will not hold up in court.  If she wanted to get really pi$$y about it, she could say you forced her to sign it under duress.  She can also go to the authorities and claim you kidnapped them.  There's plenty of horror stories/situations I could give you as to why a written agreement just between the two of you is not a good idea.

In some states, it doesn't matter if your name as father is on the birth certificate, you would still have to file a paternity action with the court.  You are in an extremely sticky situation, especially without having any financial resources, because in order to take the children out of state legitimately, you need to petition the court.  Each state can be different, but generally you would file a paternity action to prove you're the father and a custody petition to determine which parent the kids spend time with and when.  You will need an atty. for this, unless you think you can do this alone, which I do not suggest.

I hate make your 'rain cloud' into a thunderstorm, but unless there's some way she signs the kids over to you WITH the court's agreement, you are really stuck unless you have the financial means to initiate everything in court yourself.

[pa23angels]

We have only been in this state 2 months. We lived for the whole of the kids lives until 2 months ago in wisconsin. She decided to move here knowing I had no family here, and against my wishes. If we both agree on all the terms on the agreement and both sign it in front of a witness from each of our familys would that give me any legal standing? What if it we sign it in front of a notary?

[pseudomom]

If you haven't lived there 6 months, then the kids are not residents of that state.  Don't quote me on this, but I think at least you can move back to Wisconsin.  Look online, there are usually free law advice from LAWYERS!  I would get out of there either way, it is a bad situation.  Go to Winsconsin and file from there!

[Kitty C.]

Witnesses and notaries make no difference.......if it isn't signed off by a judge, it's not legal and any good atty. or conniving ex can shoot holes right through it.

[Davy]

Legally, a parent can take the children whereever they want absent a court order preventing removal from a particular jurisdiction.  Generally speaking such behavior is frowned upon especially if you are a Father.  It is helpful concerning any future legal endeavors if you can show you are functioning in a way to protect and provide for the needs of the children.

There is no need for you to obtain permission from the other parent but I would suggest you get a notorized "acknowledgement" that the other parent is aware of the location and living arrangement of the children. CYA if possible to show you did not just abscound with the kids.   Keep the communication line open with the other parent at all times and ALWAYS TAKE THE BEST CARE POSSIBLE OF THE CHILDREN and NEVER block access or commmunication with the other parent.

The worst thing that can happen to the children is to become wards of the state and they are at risk if neither parent (or family) is able to care for the children.  Be absolute in all your decisions and have a plan to facilitate for the care of the children.   

It is best to document in detail any and all actions or behavior that led to this situation.  Starting NOW.

The 6 month residency rule is true when 'contested'.