Legal Question in Family Law in Washington

Just found after 7 years

My ex and his family, intentionally withheld my children from me for 7 years. His mom & sister told them things like I was a drug dealer living in my car, didnt love or want them and a lot worse. They would move without telling me and when I would find them I would write. His mom would burn my letters and the kids never got to see them. He has a medical condition that impairs his thinking, receives SSI but has to have a payee because he cant handle his money. There is some abuse from the dad but mostly from his mom. Now they want to ship the youngest off to live with his aunt. Can he do this and is this a enough to start a custody change?


Asked on 8/24/03, 12:34 pm

1 Answer from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Just found after 7 years

This is a very serious situation that could involve issues of custodial interference, parental kidnapping and a whole host of other issues. What state was your divorce completed in? Where are the children now? If your ex-husband is not competent to handle his own affairs (needs a payee), then how can he care for the children? It sounds like his parents want the children so that their entire household benefits from the ex having the children with him and getting SSI benefits for them being in his household. Did the ex originally get custody in your divorce? Why? Why haven't you taken action sooner to change custody if you knew about the ex's disablity and inability to take care of the children? These are questions that a court will be asking YOU to answer in any attempt to change custody. You should see a competent and experienced lawyer to do this, if you are going to do anything at all. Otherwise, this was just an idle inquiry from you. If you really care for your childrens' welfare and what is in their best interest, you will do something about this NOW. Note that you may have to try and bring a legal action either in the county and state where they are now or in the county and state where the divorce was final and the last custody order was entered by a court. Your lawyer will tell you all about thoses issues. Good Luck!

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Answered on 8/24/03, 2:28 pm


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