My son and daughter were taken away from me in South Dakota by the state when they were little. Now my daughter is 14yrs old. Their dad has not allowed me to see them since he got custody now my daughter is 14 yrs old. She said her dad hits her and her brother and she wants to live with me in Idaho. What do I do?
Where was the original custody order entered? If it was in South Dakota, you need to petition for a modification of custody, serve the father, schedule a hearing, and provide notice. At the hearing, you will have to show a substantial change in circumstances and that the children living with you is in their best interests. If there was never a formal custody order entered, you need to petition for one. Finally, if the custody order was entered somewhere else (such as Idaho), you should consult with an attorney in that state whether that state would still have jurisdiction at that point.
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