Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“A good friend of mine up and moved from Abilene, KS to Wichita, KS. She has 3 children which she has/had (not sure of the exact case) joint custody. The father of her kids, her ex-husband, reported them as abandoned when she dropped them off at his parent’s house, where they normally stay when she was unable to watch them due to her schedule. She has since moved back to Abilene, KS, after realizing she made a mistake. Is there any process for her to get guaranteed visitation rights or custody of her kids again?”
The Court will not separate children from a parent unless there are *serious* issues with that parent. In this case, your friend should have alerted the father *and* the Court handling her custody case that she intended to move. If the father is preventing your friend from seeing her children, she should contact an attorney who practices family law to discuss her options and guide her through the custody process. If finances are an issue, she can contact the local Bar Association for a list of pro bono family law attorneys who will help her either for free or for a fee based on her income.
