My ex husband and I divorced almost 7 years ago. I had custody of both of our kids, he paid no child support at all for 4 of those years. When I moved out of state and took the kids with me, I had to garnish his wages to get him to take responsibility for his kids. He owes me 12 thousand dollars in back pay from the years he did not pay me child support.

The tables shifted and I was called back to the army for duty. I had to sign my kids over to him as their father, he has sole custody, placing the children in poverty, bad influences and a harsh environment. His latest party trick was to shove my kids off on my brother without even calling me, advising me or even giving me a choice of weather I can keep them or not. He refuses to let me have the kids making statements that the children were abused or sexually abused while in my care. "They were not" and I never even heard about this until they got to florida with thier dad.

I want to get my kids out of thier fathers custody and into mine. I am remarried, awesome income, solid jobs, medical, life, health insurance benefits, college benefits and much more. Thier father refuses to produce an address or phone number for me to contact him and also refuses to give up custody "even joint custody"

I am in California and my ex is in Florida with no form of "address" or location as to what jurisdiction he is in. My brother, his wife and 2 kids are almost to the point of a nervous break down and pushing me to do something about this immediately.

What is it that I can do?

Thanks

Tiffani :confused:

Hello

well you asked what to do and I am going to give you the steps that you should immediately (Meaning getting on a plane to FL today) begin.

1. Fly to county where your brother has the kids in FL get the best attorney in the area to represent you .

If it happens to be the same county dad has custody order in fine if not go to next step

2. County having jurisdiction file a motion for immediate emergency hearing regarding TCO. Temporary custody order

3. Stay at your brothers with your kids until you have said order granting you custody in your hand (might take a week or two from date of filing at the most to get emergency hearing with temp cus or.)

4. In your temporary motion for custody list desertion and all other reasons for granting you the tco.

5. Florida lists many reasons for shared custody and is considered a proactive shared custody state in recent years.

any job worth its salt now adays has a family leave for situations such as these if your situation is as you say getting an attorney and getting your kids back at least until final hearing should not be difficult. Keeping them will be the hard part.

Personally unless you have a no contact order your military service should have protected you from any court action while on active duty. If you still have any rights by court order and from the looks of your post then I am imagining that if your brother has had your kids for more than 1 or 2 weeks that any attorney in Fl will have no problem getting your kids on a plane to CA with you with in the next month.

Allegations of Abuse and Neglect have to be proven and recorded by family services. I don't forsee many problems unless the kids don't want to go with you.

www.flcourt.org/ go to self help

they have a listing of mediators and guardian ad litem possibilities

aaml.org will list for you the certified family law specialists in the area.

find an attorney and get on a plane.

God Bless

rini

Ps in addition If your brother does not have an address he should report abandonment by father to family services as soon as you get there.