Background: fiance' goes back to court for child support revision in 9/07 even though he has not seen children in 3 yrs prior to 4/07, when the mother went to jail. We have had the children since April when she had her mom and brother call us at 430am in the morning stating that if he didnt come get them, she was goin to send them to CPS. She got out in 6/07 and come unannounced with mom (yes the one that wanted to hand them over to CPS) and sister, thinking I was at home alone to get her children, the police were called and she was escorted off the property, bc they dont get involved in civil matters. Since then she has called everyday 3-5 times a day (under PRIVATE OR UNKNOWN) harrassing us. When we dont answer the phone, she sends the police to our house stating she's concerned abt the welfare of her children; now he has to return the kids b4 they go to court, as a father what can he ask for as far as rights go?
Answers:
He can ask for sole custody, based on the fact that she is an unfit mother, also he can get his call records from the phone company, if he takes her to court. Even blocked numbers show up on actual call records.
Well I didn't read your question the only reason I am answering is because you said serious answers only and I am not serious at all am I?
He can ask for sole custody. He can ask for shared custody. He can ask for more support. He can ask for less support. he can ask for a restraining order. He can ask for visitation. He can ask for CPS monitoring. You really need the help of a lawyer.
take the kids to a nice home and leave them there, your rambling makes no sense. This is a serious answer.
The Father certainly has rights, but unfortunately, the courts side with the mother 9 out of 10 times, unless abuse has taken place. With luck, this father can see his kids a lot more often.
I agree with the other answers; a good (and I mean really good) attorney should be called.
Good luck with this one
He can get a lawyer! Going into custody hearings without one is the biggest and costliest mistakes that parents make.
you don't state what your relationship is with the father ' are you a concerned grandparent or his sleep over , If you are the grandparent you have some say so if you DA girlfriend butt out you have no say so what so ever , nor do you give a rats *** just to keep things a going
Dad can ask for whatever he wants... primary physical custody with her getting visitation, shared custody, him just getting visitation, whatever. Is there a current custody order in effect? That is the only way that he would have to return the kids right now... if there is no custody order (even if there might be a child support order), nobody has the right to physical custody (i.e. possession is 9/10ths of the law and whoever has the kids can keep them). Seriously the best thing to do is get an attorney, because there are a lot of issues here and an attorney would know best how to proceed. But as far as father's rights, he is entitled to every right the mother has. And while many mothers do get primary custody, I have had several experiences where the father was granted primary physical custody and the mother visitation or they parents were granted shared custody. The courts are recognizing more and more the rights of the father and the fact that sometimes the best place for a child is with their father. Good luck!
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