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Family Law

Can my ex take my kids away from me?


I was just served with papers for divorce or paternity. What is going on?
What is involved in a divorce or paternity case?
Can my ex take my kids away from me?
How much will child support be?
How will we divide our property and debts?
Can I get maintenance or alimony?
My ex is not following the parenting plan. What can I do?
How can I change my parenting plan?

The short answer is no—but a court can.

Your ex can ask the court to award him or her custodial time with the kids on a certain schedule and can present evidence as to why your ex’s parenting plan should be adopted. But you also have that right. If you are served with papers asking the court to accept a parenting plan, you should speak with an attorney right away. If you ignore this paperwork, then the court will hear evidence from your ex alone and will then enter a judgment.

If you and your ex can come to an agreement on an appropriate custody schedule, the court will likely agree to it and enter a judgment to put it in force. If you cannot agree, then the court will hear both sides and make its own decision as to what is in your childrens’ best interest.

At Baker Legal Services we can make your voice heard and help you develop the facts and the evidence to support your position. Contact us to see how we can help you.