Q: Would the court grant custody to the father if the children were temporarily living with him for a year?
We did a trial move of the kids to CA from IN because the kids wanted to see if they would like to live with their Dad. We signed an agreement that we would revise in a year and either of us had the right to change it if we saw fit. I (the mother) still have legal custody. I have decided to keep my children and not return them because the father is trying to make me out to be a bad Mom and hinder the good relationship that I had with my kids by blocking our communication. I never did these things to him when they lived with me before. He is now hiring a lawyer and trying to make it look like I just want his money. If that were the case I would have never let them go there in the first place. I am a good mother and have nothing like criminal or drug use that would factor in for the courts to grant him custody. But I would like some feedback as to if this is possible since they were temporarily residing with him.
A: It is likely the court will grant the father custody, especially if the children have been living with him in another state for a year. The agreement that was made is not necessarily a typical agreement, and the court will look to the best interest of the children. Since there is a huge distance between the parents, the court may decide to keep the children where they have been flourishing, etc., if that is the case. However, there is an agreement and it sounds like there needs to be court intervention. Carefully reviewing the facts of the case are necessary. Consult with a local lawyer and get ready to have a custody battle.
A: What are the court custody orders in place? Where is the legal residence of the kids? How long have they been in CA? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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