My ex husband took our children from me for 2 days and refused to give them back to me until I moved out. He then

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Customer: Hi there, my ex husband took our children from me for 2 days and refused to give them back to me until I moved out. He then proceeded to get my 8 year old daughter to call me crying begging me to move out. So I moved out with only a bag of clothes for the three of us. I have a 1.5 year old son as well who I am nursing and never spent a night away from. I was a stay at home.mom who was suppose to go back to work 10 days before he kicked me out. So I had to move in with my mom. He hasn't given me any help or money for the children. I've had to go into debt. He refuses to give me my stuff. He got a lawyer and is lying about everything that happened and is now wanting 50/50 custody of the kids and wants to do 2 days on 2 days off. I do not believe that is in the best interest of the kids. I've had to relocate to a new city, my faughter had to transfer schools. She has stated she doesn't want to do that and she doesn't want to live with him as he is extreme verbally abusive What is my next step
JA: Who currently has legal custody?
Customer: No one
JA: Are there allegations of physical or emotional danger to your children?
Customer: Yes to my children and myself.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He is saying that we were fighting infront of the children and that's why he did what he did to take the kids out of the situation but that is a lie and I have a witness.
Answered by Legal Ease in 2 mins 4 months ago
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Jessica

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Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Customer
Hi Debra I'm looking forward to talking with you as well
Customer
I'm unable to afford the call I'm sorry
Customer
Looking forward to talking with you Debra
Customer
I'm unable to afford the call I'm sorry
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Legal Ease, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

When exactly did you move out?

Customer
January 10
Customer
I was suppose to go back to work January 17. I've been financially dependent on him since May 2021
Customer
He has been abusive to me mentally, physically, emotionally, financially. I have proof of these.
Customer
He has physically abused me infront of my 8 year old daughter
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Legal Ease, Expert

So how are you seeing your children now? And how is your little boy managing?

Customer
He gave the children back to me once I left the house. I have them in my care. I was hesitant on letting him take them cuz he kept them from me so I asked him to write on paper he would bring them back and he freaked out and is now telling the lawyer I'm keeping the kids from him but he has taken our son numerous times. My daughter still doesn't want to see him, cuz of what he made her so. And he's blaming her not wanting to see him on me.
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Legal Ease, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Thank goodness you have the kids.

You clearly need your own lawyer. You obviously haven't taken the kids from him but he sounds completely out of control and doesn't care that he's harming your little girl.

Because he's been physically abusive you should call the police. If they charge him he will be placed under a no contact order and he won't be able to come near you and he won't be able to see the children unless he gets supervised access for now.

Does that help as a starting point?

Customer
Am I able to call the police of he abused me a month ago? I have pictures though.
Customer
an eye witness my daughter
Customer
that helps
Customer
Or is there a tike frame. He's abused me for the past 2 years since I moved back in with him. Mostly infront of my daughter.
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Legal Ease, Expert

You can certainly call the police. You can tell them that you delayed calling because you're afraid of your spouse but now that he has thrown you out of the house with your children you were calling because you're safer away from him.

Customer
Ok perfect. So should I file the emergency custody order papers I got from the courthouse? Do I have a good case? I'm scared I dunno what to do.
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Legal Ease, Expert

Because you have the children I don't think they're going to grant you an opportunity to have an emergency application. But I think you need to call the police which will protect you right away and then retain your own lawyer. This is very complicated.

Customer
Ok thank you so much
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Legal Ease, Expert

You are very welcome.

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Legal Ease, Expert


Is there anything more I can help you with before I mark this question as complete?

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Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

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