My kids father have custody. Years ago I was financially struggling and it was best for kids to be with him. We didn't go to court. We did agreement. Hes married. My kids been begging to come live with me. Saying she flicks them in mouth. Smacks them on hand with spatula. My daughter even started couseling because she wants to kill herself because of step mom. Stepmom drinks. Her and kids father argue alot n police always involved. Kids 10 n 11. Ohio. What do I need to do to get custody can't afford lawyer. Can kids say who they want to live with. What's chances of getting full custody. I also called cps. Awaiting their visit. Kids are scared
1- will dad agree to let them move? Ask. That may be all you need to do.
2- you will need to go to court for a custody order if he does not agree. That's all you can do. "Full custody" is not likely based on this. And all the years with him actually will probably result in him retaining primary care of the kids, with some visitation to you.
3- If there is absolutely no court order, and he is not your ex-husband, if you do get to have the kids, you could actually just keep them and let him take you to court. But that will guarantee things get ugly. Your best bet is going to court if he does not agree.
If you and the father were never married, and you and he have never been to court, and no court ever reviewed and approved your informal agreement, then that agreement might not be enforceable. You have contacted CPS, which is the first step. CPS might intervene to take action on behalf of the children. But that might not result in you being awarded custody. Even though you do not think you can afford an attorney, you should at least consult a local family law attorney to discuss the situation. Many offer free consultations. You can find a local family law attorney here on Avvo at the Find a Lawyer tab.
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I would add to the two previous answers that, if no DNA test has been done and there is no acknowledgement signed by the two of you, he has no legal right what-so-ever to even have the children. Under those circumstances, he would have to take a paternity test before the court could even award him visitation or custody. If no DNA test has been done and there is no acknowledgement signed by the two of you, you would be considered the automatic residential parent and legal custodian until a court ordered otherwise.
If I am understanding you correctly, you still have custody through the court because you did not file for a change in custody through the courts. If you still have custody, then go pick up your kids and bring them home. You can file in court yourself. You can also request a Guardian ad Litem be appointed to represent your children. Unfortunately, the Butler County Children's Services Agency is unlikely to open an case based upon what you have described so therefore it would be up to you to make sure that the children are removed from this environment.
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