get them back

my husband, being vindictive and trying to get out of paying support, took our 2 kids and went to live with his mother in a 2 bedroom 3 room home out of our childrens school district. the first day they went there he didnt take them to school. Is it true that I can call the police to go over there with me and bring them back to their home? what are my repurcussions? i am in the middle of a divorce and my husband is pulling every low tactic in the book to gain leverage on his side for this case. i know he did this to not only get out of being ordered to pay support but also to influence the kids against me and has told them not to take my calls or have any contact with me. what can i do? the attorney, law guardian, family court and police are all no help. our divorce wont be final until june.

[tbyte]

While you are still married, and if no temporary orders have been issued, you each have equal rights to the children. Legally, you could go and take them back when he is away. Of course, he could then do the same thing to you and the children would end up like ping pong balls and I'm sure that is not what you want.
Your attorney should be helping with this. You should ask the court for temporary custody of the children pending the divorce. You should file this immediately, and also request that the court order him to return the children to their original residence.
If your attorney is not helping you, get another attorney.

well, according to the law guardian the kids are telling her that they dont wanna come home but the kids are telling me that they cant come back home yet. i think he told them not to go home yet because he may be using the entire situation to try to get the house away from me. i think he filed an order to show cause that the kids wanna stay with him so he can get the house then he and the kids can come back. i dont know what to do and my attorney is away for the weekend. HELP !!

[tbyte]

Nothing is going to happen over the weekend. Contact your attorney Monday morning.

thats the problem. its mothers day and he has my kids. earlier he stopped by to get the mail and had my son with him. went i went up to the truck to talk to my son he told me to get back. i said i have every right to talk to my son. he said "not after you called the cops on me" ..he is punishing me because we had a domestic argument 3 days ago and the police asked him to leave the house and he scared the kids into going with him. he knows the best way to hurt me is thru my kids. i could tell my son wanted to come over to me when he saw me but with him yelling at me to stay away my son was afraid to get out of the car. as they hurried away my son started to cry and it broke my heart. cant i go to family court monday morning and file a custody request to get them back? if i tell them this happened maybe they will grant one. what chance do i have?

[tbyte]

I'd say your chances are pretty good. But you probably would not get a decision back the same day. It might take a few days, or a week, to get temporary orders.

what am i in for when i go for a custody order? how does it work? does my husband and all the attorneys have to be present too? will they talk to the kids and look up everything on file with my pending divorce? i also have a 16 year old that thinks this drama is cool and if she had her way she wouldnt come home because dad is letter her run the show over there now.

[tbyte]

Be patient. The process takes a while, and happens one small step at a time.

can i show up alone to request custody or does my husband have to be present when i go in front of the judge? im in NY state.

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Your attorney can file a motion for temporary custody "ex parte", meaning without the other parent present. The judge may or may not grant the motion. Permanent custody would only be granted after a formal hearing, at which both parties have the opportunity to be present with their attorneys.