Q: My ex girlfriend and i have 2 children together.there is no legal custody agreement.i have always had them on the weeken
Weekends holidays and most of the summer.the kids want to be with me more but when i go to pick them up there mother locks the door and wont let them out of her house is that legal?also what can i do about it and what are my rights as a father
A: Your rights are exactly the same as the mother's. However, there's nothing to spell out what that means. If the two of you don't agree how to manage in that completely undefined environment, then either of you can file a Complaint for Custody with the court. Ideally you would then negotiate an agreement between you and ask the court to make it an order. If you can't agree, then you each present your reasons to the court and the judge decides. Generally, the court's try hard to stick with shared custody, varying between 70/30 and 50/50 time with each parent. Generally both parents share legal custody, meaning both of you will still have the right to sign school and medical paperwork, etc.
The court's website has forms to help you do all this yourself, and the court's family law self-help center can help you understand how the process works (though they can't give legal advice).
Note that the court system has currently shut down for all but emergency hearings. You can still file your paperwork, but don't expect to get a court order before early summer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.