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.
I am a mother of four children, my eldest two are in a program in west Texas because of my financial hardships and past problem relationship with the father of my youngest two children. I still have my rights for my eldest two children. The problem I’ve been having is with my youngest two children’s father. I left him last year around September. I thought I could stay with one family member for awhile without loosing my job. It didn’t last long. I had no support for my children. So instead of giving in to get back in the relationship I knew wasn’t going to be any different as before, I told their father to please take care of the kids for me. I can’t loose my job. I have nowhere to stay and I would get a hotel, but I don’t want my babies to have to go through that when their father is here. He agreed and as I left them I asked him to sign a paper with me but he refused to. I still have that paper. I told him I am trusting you to not try and take my babies away because that would be so wrong of you. He said he wouldn’t. We’ll time went by I worked stayed in hotel got another job and he had started refusing me to see my kids for long periods of time. It has gone on until now. To make a long story short. We did go to a shipping company that had a notary and we did a financial agreement I thought we were doing a different type of agreement but it was for financial and medical. I agreed in the document to let him keep the children for one year. I still put my trust in him and the agreement. After awhile I couldn’t see my kids anymore. Again, he has been playing this tug of war game and not sticking to a word of mouth agreement. I’ve been real stressed out after this year with panic attacks and I think he is the reason why. I get threatened by him that he has lawyers and I’m going to loose. I am worried for my kids because supposedly he caught a case around father’s day that was going to land him in jail. Anyways, the main point of me contacting you, is to see what I can do? My financial situation is not good honestly. I lost my job due to me getting these attacks. I am trying my best and hardest to get on my feet for my kids and to get my children all back home with me. I am doing online classes for an accepted GED program to get back into a fast track school in the medical field. I don’t do drugs at all whatsoever. I drink socially. I am in a new relationship and he supports me as much as he can. I really do need help. How can I get my children back? Please help me with what I can do. I would greatly appreciate it if you can get back to me.
Depending on your state law, if your parental rights have not been terminated, you can file an ex-parte motion to petition for child custody. The judge will review the facts of the case and may temporary decide to award shared custody until a formal hearing occurs. At the hearing, you can request for the custody that is in your children’s best interest. You should contact an attorney prior to filing any type of action with a court to discuss all your legal options. Utilize online search engines to find a family law attorney that provides free consultations to discuss your options.