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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Aug 07
2007

Ask a Lawyer: my children have lived with me for almost 2 years but mother has legal custody

Posted by: Dads Divorce

Tagged in: Rules , Procedures , MN , Ask A Lawyer

Question:

My 2 children came to live with me almost 2 years ago. Their mother and I were never married but we do have recognition of Parantage. She was not equipped to take care of them and did not have her own place to live. She dropped the child support case with the county saying that the children live with me and she also notorized a letter giving up all rights to the children. About 3 months ago she moved into a shelter and stated she wanted to get her life back together and because I have always believed the she sould be part of their lives I let her back in. She would take the boys every Wednesday night and Friday nights. This last Friday I dropped them off and agreed to let them stay until 3:00pm on Saturday. Sometime on Friday night she emailed me to say she was taking the boys and I would never see them again. Please tell me the fastest way to have them returned to me as the police are not willing to help with anything even though she signed over rights.

Answer:

Allow me to preface my answer with the statement that I am not licensed to practice in Minnesota. You need to get a lawyer as soon as possible and file a Writ of Habeus Corpus to get the children returned to you as soon as possible.
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