regain custody

[chickenlittle]

how do I go about regaining custody of my two children after a temporary emergency order was granted to my ex husband? he has now gone out of state for three months, hired someone, a complete stranger,  to live in his home and take care of my children. I had a legal matter and was detained in jail for almost two weeks. during that time is when the emergency order was granted to him. since then, I am awaiting trial, but am completely able to take care of my children once again without any legal problems.

[ocean]

When is the next court date? He was given emergency custody as you could not take care of them. They will not bounce the kids back and forth until they know your legal issues are done and over.

[chickenlittle]

my next court date isn't until October. a stranger has moved in the home. the father moved out of state for at least three months. he notified KNOWONE of his actions. protecting my children is my main goal and duty in life.  there has to be something I can do to regain temporary custody until all legal issues are behind me.

[ocean]

In the emergency order, does it give you any visitation?
Did he notify the courts of his move out of state? Did he move out of the state that had the court case? Do you have a social worker with this case from child services?

Dad can get any babysitter he chooses while he works or away from the home. Just like you did when you had custody.

Go see if you qualify for a lawyer or go see a lawyer for an hour consultation and see if they can get a hearing based on him moving the kids out of state. He may be forced to bring them back to your state. Also they should be able to get you some visitation going as long as your arrest had nothing to do with the children or the children were involved.

This will be a long uphill battle. If he is stable and kids are doing okay, they will not move them especially if they are school aged and once they restart school. Kids needed to go somewhere while you were in custody and bio parents have the first right to gain custody. Do what the courts say and more. Take parenting classes and anything else that has to do with your case. This is a temp order so he will need to prove why the kids should stay with him (if you straightened out your court case by then).

From what I have seen, family court will be postponed until they see what the criminal court does with your case. Until they are sure it is a closed case they will usually keep the temp orders in place.

[tigger]

I could be wrong but I got the impression that only the father moved out of state for three months.  He hired someone else to move into his home (in the home state) with the children to care for them while he's gone.  In other words:

Mom is in State A, house B
Kids are in State A, house A
Nanny (previously a stranger) is in State A, house A with kids.
Dad is in State C, hotel or house C.

chickenlittle:  Is the above information correct?