My boyfriend took my kids and I want them back

[jenny2012]

Hi, i need some guidance please.... Last summer my boyfriend and I got separated, we have 2 children 7 and 8 years old.  We lived in Bradenton and when we got separated I moved to Orlando with my kids, this was in May and I enrolled them in school in Orlando for that last month before summer vacation. After a few weeks he wanted to see the kids so we agreed that he could have them until school started. He never returned them since. When I went to get them, I was detained by immigration officials at Tampa bus station and I almost got deported (I am an illegal resident but now my immigration status is in process), so that incident prevented me from going to get my kids and I feared that if i got deported they would be home alone, so I did leave them with their father until my situation was better settled. I don't have many resources nor am I working at the time, but its been a year and I want my kids back, the deportation order has been cancelled and my legal status is in process, I can't work yet but i can manage and have my kids with me. I want to know if I can just go get them? He threaten me saying he would call the police and have me arrested if i try to take them. he claims I abandoned them, but I have school records that they were with me. We were never married so there is no divorce case or anything like that. I did have another child who was born in February of this year but that does not mean I don't want my children back with me, it was just a bad time for me legally and financially. Can he use that against me?  Please someone advice how I can get my kids back before school starts without me getting in any kind of trouble.
Please advice. thank you.

[tigger]

If you can't work and support your kids, how are you going to manage with them?  How are you supporting the child you had in February?

[jenny2012]

I live with the father of my baby now and he works, My mother has help me out a little and can continue to do so until i get my work permit which should be soon.
I really miss my kids, i want them back. they will be well taken care of. can someone please advise if i can just go pick them up he can not top me?

[MixedBag]

Is there ANY court order?

that might be the way you have to start...

[jenny2012]

no court orders, no courts are involved yet. Do I need a court order to go get my own kids? I can't afford a lawyer so i am trying to get answers here. I know I need to get them before school starts so they can start school here in Orlando.

I was told that since we are not married he could be charged with abduction but in august it will be 1 year maybe the question will arise why I waited one year but then again it was my deportation status that prevented me from giving them security. Now that it(legal status) is getting resolved I can offer them security, I need my kids back. please someone advice.

[ocean]

Call the local police in his area and ask if they will help you go get kids. If not, you will have to go to family court and file for custody of kids but since it has been so long not sure if you can file an emergency order so you can get them back now. Can you afford to go to a lawyer in your area just for an hour talk, usually they will not charge too much for first visit but you are dealing with 2 states. You have custody right now since you are not married to him but the time that has past may hinder on you getting them back now ...

[Davy]

First things first.  None of us are attorneys. You must be careful of separating the advise you receive that is often based on social policy rather than legal statues.  Uprooting the children again away from the other parent, home, community, school, church, etc is harmful to the children and maybe shown to be illegal even if you were born and raised in this country.

Do not remove the children from the rightful custodial parent (father) without the approval of a state court authorized to make custody decisions in the jurisdiction and venue where the children reside.  At the present time and considering the lenght of time the children have been in the father's care the father is the what is considered the De-Facto custodial parent.   

Here are the facts as presented :
1)  the mother willingly and voluntarily relinquished the children to their their proper care giving nuturing father for their own protection.  At very least, the children were at risk of foster care as well as being removed from their country.
2) the mother has no visible means of supporting herself or her children
including life's basic requirements inclusive of food, shelter, education, medical care or other training AND the children would be dependent on complete strangers for their well-being.
3) the above is just for starters .... other considerations exist including probable civil/criminal charges of child neglect/abandonment.  Just because the Feds let you fly from deportation does not mean the state will be so kind on other issues.  It might be helpful to brouse your FL county sherriff's "who's in jail" website to determine the type of charges you might be facing.   

I'm thinking you are about 100 miles from your oldest children.  Considering your plight, if I were you, my best effort would be to FOCUS ENTIRELY ON THE CHILDREN and do everything to work out all matters with the other parent for the present day and the future while reconecting with the children.  Children NEED and DESERVE BOTH PARENTS.

Best to ya.

[jenny2012]

Thanks so much for your guidance. i have decided to hire a lawyer.