Under the VAWA, if accused of abuse, or physically defends himself, or the children, from abuse by the mother, he cannot get custody.
Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.
He can file an injunction.
It isn't behind your back if you are knowingly hiding the children without a provable cause.
The father would need to petition the court in the jurisdiction where custody was determined for a modification in the custody order, then be prepared to present a compelling case why it would be in the best interests of the children for him to assume custody. It would be in your best interests to have expert legal representation when challenging a custody order.
My battered wife.
Yes, however the father can file an injunction.
It has never been mentioned on the show. As they have never mentioned the kids visiting their dad, I assume he does not have partial custody of them.
The custody agreement between Kidman and ex-husband, Tom Cruise, was never publicly released, their adopted children stayed in L.A. with Cruise when Kidman returned to Australia.
Why are there two orders? Which was filed first? Where do the children live?
Most likely not. If the mother had sole legal and physical custody and had the "step father" adopt the children without your knowledge - the adoption would be voidable. If he is illegally holding the children against your or their will, that is considered kidnapping in many states. Get the state involved.
If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.
You should consult with an attorney immediately and try to go pick up those children.