my friend is going through a custody battle that is getting uglier as the days go on. the father has filed for "temporary custody" but by his actions in court we fear that what he really wants is permanent sole custody. we feel that he is throwing out such dirty incriminating "evidence" which is all HEAR SAY so that the judge will rule the mother unfit therefore revoking all rights from her. today he said that she cuts herself and that he would like her pshyciatrically evaluated and that she does drugs.. i think she needs a lawyer can he use hear say in court? and when she got pregnant she was 17 and he was 19 now they are 21 and 23 can her father still file for statuatory rape against him?
2006-07-05 17:02:33 · 9 answers · asked by rockdstarchick 2 in Politics & Government ➔ Law & Ethics
she is planning on seeing a psychiatrist on her own and getting a written statement of his evaluation signed by him. .and she is going to pay for her own drug test so when she goes to court she can show that she has taken a drug test and gone to see a doctor and that she is fit to have her son.
2006-07-05 17:12:52 · update #1
the statuatory rape charged should have qualified if she stil could file because he asked her to move with him to sacramento from long beach when she was barely 16 knowing that she would go because she was very young and immature at the time. he was of legal age and she was a minor that should have been illegal. her parents didnt know where she was.
2006-07-05 17:14:48 · update #2
Get a lawyer immediately!!!!!!!!!!!!!!!!!!
The only way to determine her rights is to have a lawyer. If she canot afford one go to the local welfare office and ask for information on obtaining low cost or pro-bono lawyers to help her. Also she should also apply for state benefits. It will look better for her. A hopeful light, generally, the courts do award custody to the mother unless they are proven unfit, and it takes a lot of evidence to convince a court that a mother is unfit.
2006-07-05 17:10:08 · answer #1 · answered by masmalan2004 3 · 0⤊ 1⤋
Well, as her friend-you need to advise her to get an attorney immediately! Going to a psychiatrist on her own is a waste of her money-she needs to be evaluated by a court appointed psychiatrist to avoid "preferential diagnosis". (the other side won't believe she didn't pay the doctor to diagnose her as "fit"). On the other hand, if by chance she is "cutting", or using drugs in any form, honestly she's not being the best mom she could be, and he may have a point. "cutting" is a serious psychiatric problem, often routed in severe depression, sexual molestation, and definite rage. When the "cutting" no longer calms her, she may act out at those around her or once again turn it inwards-this time with more suicidal tendencies. As her friend, get her help if indeed this is the case. Someone needs to protect her child. I'm a mom myself-going through a divorce-if for one minute my soon to be ex thought I had any mental illness or drug problems, he'd take me to court so fast my head would spin. She's under a court appointed microscope right now, she has to be very careful. Everything she's done, she's doing, or might potentially do are "fair?" game in court when it's in regard to child custody. Good luck-help your friend and support her no matter what!
2006-07-05 18:19:12 · answer #2 · answered by dulcern4u 3 · 0⤊ 0⤋
First and foremost, get a lawyer, no matter how. Also, do not take the drug test or go to a doctor for the psychiatric evaluation unless they are court-ordered. Doing so beforehand gives validity to the statements that the father is making against her. Statutory rape charges against him are invalid at this point. The best she can do is get on welfare benefits, make sure the child is receiving all shots and the best care possible, that there is food in the house and nothing that can be in any way harmful to the child AND GET A LAWYER.
2006-07-05 18:07:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
She can get a court appointed attorney providing she can't afford one, Proof of being unfit.........Proof, not hear say.
She may be cutting herself.......but she isn't cutting her child and my guess is the child is more likely than not unaware of whatever problems she has that leads to the 'blood letting' or bleeding out of. She definitely NEEDS A LAWYER. She may also need some type of medication during a time of such stress as a relationship in turmoil and someone trying to take her child.
Where was her DAD when she was 17?that was the time to file any charges against the childs father.
That poor child of theirs does not need to hear and be around all of this chaos, first and foremost his sanity and best interest is what the courts will look at.
I wish all of you the best of luck, primarily I feel very sad that the child is going through all of this.
2006-07-05 17:28:09 · answer #4 · answered by zorahudson@sbcglobal.net 3 · 0⤊ 0⤋
She should have a lawyer, absolutely, unless she wants to risk losing all her rights.
He can answer the legal questions, for instance, as to whether certain things can be considered in court. In family court the rules are looser, but remember the judge has heard it before, and may not be as easy to fool as you fear.
Forget about the statutory rape. Too late, and it probably didn't qualify anyway.
2006-07-05 17:07:22 · answer #5 · answered by C_Bar 7 · 0⤊ 0⤋
upload somewhat bit extra element so human beings can furnish you with the right answer. Edit: There may be no way you may have heard not some thing if the abuse changed into being investigated. you may have i think been arrested on suspicion of kid abuse. Your gf mom may have had to have really reliable data that you've been abusing her grandson. i am going to guarantee social amenities and different businesses may were recommended and the youngster may were spoken to if he changed into previous adequate. faculties, medical doctors, and so on.. may also be in contact. you want to get your self a competent solicitor and get this taken care of out. there is not any way the police or a courtroom may merely go away a suspected case of kid abuse. the in ordinary words element i am going to assert is that courts do not resign custody of kids without reason. do not attempt to take care of this on your own in case you want to seem into legal help. reliable success.
2016-11-01 06:58:32 · answer #6 · answered by ? 4 · 0⤊ 0⤋
She should take the phyciatric tests and volunteer to do a drug test. If the things he says are untrue she shouldn't worry about it. She probably should talk to a lawyer though.
2006-07-05 17:09:16 · answer #7 · answered by missee 3 · 0⤊ 0⤋
she needs a lawyer ASAP! as for the statutory rape, always remember there is a statute of limitations...
2006-07-05 17:56:19 · answer #8 · answered by Anonymous · 0⤊ 0⤋
why the hell doesn"t she have one already??????????????????
CUSTODY HEARINGS ARE NOT THE PLACE TO REP YOURSELF. U HAVE NO IDEA WHAT U R DOING GET A LAWYER OR GO TO LEGAL AID FOR GOD'S SAKE!
2006-07-05 17:11:29 · answer #9 · answered by afrochocobbw 3 · 0⤊ 0⤋