Custody agreeement. Nobody. We live common law. No nothing but she is threatening to take my kids and not tell me where

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Customer: Custody agreeement
JA: Who currently has legal custody?
Customer: nobody
JA: Is there a child custody order in place?
Customer: we live common law
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no nothing but she is threatening to take my kids and not tell me where they will be,
Answered by Attorney John in 5 mins 1 year ago
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Attorney John
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Attorney John, Expert

Hello – my name is ***** ***** I am an attorney with over ten years in private practice. My goal is to provide you with excellent service. If you have any further questions, don't hesitate to ask!

I am sorry to hear about this.  Do you have an existing court case with a custody order?

Customer
Hi, no nothing at all, I have bene allowing her to live with me because she has mental illness and she hasn't worked in 3 years, we have 2 kids 6 and 2 and she is now saying while I am at work she is moving with them and won't tell me where.
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Attorney John, Expert

It is not legal for her to take the kids and withhold them from you (that is kidnapping), and can be reported to the police.

Customer
even if we don't have any agreement in place and she is the mother ?
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Attorney John, Expert

In the interim, you should immediately file a custody petition with court (and hire an attorney, if you can afford it).

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Attorney John, Expert

Yes, she cannot do that.

Customer
ok I was told she could, I am so worried I won't know where they are .
Customer
she is unstable, in and out of mental health facility
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Attorney John, Expert

She can temporarily take them somewhere, but cannot permanently keep them from you.

Given her actions, you should file a case right away.

Customer
how do I look for legal aid or does that even exist ?
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Attorney John, Expert

It's hard to find for family cases.

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Attorney John, Expert

You can look, but it's a high demand/low supply type of issue.

Customer
ok how much does it cost for custody agreement ?
Customer
I understand
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Attorney John, Expert

The court has a filing fee for a custody case - I would recommend calling and asking about the filing fee.

Customer
ok so I am in Hamilton, is it the Family Court ?
Customer
everyone has been telling me that if she leaves it could be months before I get rights to see them in court.
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Attorney John, Expert

Yes, it would be the family court.

Customer
Thank you for your help
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Attorney John, Expert

You are welcome.

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