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custody complications

post #1 of 4
Thread Starter 

hello ladies, I have a bit of a unique question in regards to my 2 children. my problem is this that I left my ex and filed for an OFP when I was pregnant with my second child and I started to go thru the process of custody but then stupidly went and got back with him after only a few months. the custody however still got dealt with even while we were together and because my lawyer kept going and his didn't in the end I was awarded full custody after all was said and done. my kids dad threatened if I didn't have a paper notarized by his lawyer that he would take my kids and I tried to fight back about it but because he was abusive I felt I had no other choice but to go ahead and sign a paper stating to give him 50/50. I have now left and been gone 7 months but he still calls and harasses me all the time and uses this piece of paper he had me get notarized years ago by that lawyer as leverage to use my kids as pawns against me. I feel very helpless and now that I have them for the weekend I don't want to bring them back especially since when I picked them up I had another physical altercation with him in which he pushed me on the ground and tried to forcibly grab my kids from the car if I didn't agree to bring them back on Monday. is this so called piece of paper even legal even if it was notarized by a lawyer? and if I don't feel that its safe for my children is it just ok to keep them and not let them go back to him? the only reason I let him have them during the week was that I took them and kept them during the school year but even as generous as ive been its never enough and he is basically just out to hurt me and try to get my kids taken away from me all together so he can keep them and use them as a milk ticket. so is the paper even if it was notarized by a lawyer and never actually issued by a court or anything even really legal in Minnesota and would it void out my court appointed custody papers?

post #2 of 4
Are you positive that your lawyer did not file this 50/50 parenting time with the court?

Either way, once you have granted the non-custodial a certain parenting time, it is very difficult to rescind that agreement. If he is physically abusive, report him. Call the cops. If the children are in danger, you have more leverage because the court (is supposed to) work to keep the children safe.
post #3 of 4
Oh, and DO NOT keep your kids away from their father. You may think that you are acting in their best interest, but doing so could potentially grant HIM custody. If you think your children are not safe because of abusive behavior, report him, and file for emergency temporary custody.
post #4 of 4
Thread Starter 

it wasn't my lawyer it was his and I never got any papers stating that it was submitted or anything I mean is it even legal now even after this many years to be able to submit it and still use it as a legal document?

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