I have regular visitation with him, i got him in June and haven't heard from her since. She was evicted from her apartment, and she got married to someone that was recently convicted for drugs. She called my mother yesterday, and I called her, she wants me to take him back to her but I dont think he will be safe there, he is 4. The police said if she comes to get him then I have to give him to her since she has custody, and I cannot afford an attorney. I want to keep him, and he wants to stay with me.
2006-08-11 10:15:38 · 18 answers · asked by guyguy54321 1 in Politics & Government ➔ Law & Ethics
Use this information you have givenhere and file a child abandonment report with the police. Then, take her to court.
2006-08-11 10:22:04 · answer #1 · answered by Gothic Martha™ 6 · 0⤊ 0⤋
What you think is irrelevant here! She has the custody rights and the child 'belongs' to her! Unless you take the whole thing to court and the court gives you the custody rights - since she is married to a drug user etc.!
And since you can't afford an attorney, there is always help for situations like that just visit the nearst official state office that deals with issues like custody!
2006-08-11 10:24:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well the 1st thing I would do, like the other young lady said would be to go to your local authorities and have an abandonment report taken. Then I would go to whatever faith you follow and see if they have some one or group that does pro bono work. From there just be methodical. Make sure the kid is in school, schedule diversions for the both of you, scale back relationships, don't work too much and keep your nose clean. Oh and keep a little journal of everything that gets said and done. Also, I would try some father advocacy rights groups like My child says daddy.
2006-08-11 10:27:33 · answer #3 · answered by Nabil A 3 · 0⤊ 0⤋
If you can't afford an attorney try legal aid. If that is doesn't work, try finding a do-it-yourself legal service. You need to file for custody on the grounds of abandonment. Possibly and emergency exparte order to keep her from taking him. Try finding a service that types up legal forms, or a legal assistant to help you file what you need. You can ask for a waiver of the fees that it cost you to file in most states.
2006-08-11 10:24:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Go to a lawyer and get temporary custody... tell them about her leaving him and the eviction and the new husband and his convictions... you shouldnt have a problem getting a temporary custody until all of it can pan out in court (this will have to go to court if you want to keep him)
Since you say you cant afford it, go to the magistrates office and see if they cant give you temporary custody (I don't know if they can, but trying is better than loosing your son)
good luck.
2006-08-11 10:23:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Talking to the police was a good first step if you want to gain custody of you son. You might also want to contact other state agencies like child welfare and have them document that the child has been entrusted to your care by your ex-wife. The courts will consider that as favorable evidence later on... but you have to get a lawyer working for you right away. You may be able to get a lawyer to do this for free... Pro Bono.
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2006-08-11 16:45:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
So much depends on your state law, in some states they could charge you with interference of custody of you don't, in ohter states they merley say it is a civil matter between the two of you to fight it in family court.
You SHOULD find money for an attorney and file for an emergancy temp custody order and then file for a permant custody order.
2006-08-11 15:58:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Most states offer government-funded legal services that are free or very low-cost for those who qualify. Inquire with your state's Department of Health & Human Services. They will be able to direct you to your state's legal services that will be able to provide you with an attorney. If you have sufficient evidence against your ex-wife to support your worries and proof that you are deserving of full custody, then you should bring institute legal action.
2006-08-11 10:23:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Would social services back your case if you got them involved? Worth a try don't you think. They will investigate her and why she never returned in June to collect him. They will also look at her present circumstances too. Still think its worth looking into don't you? They might be able to get the judge to overturn the custody.
2006-08-11 10:55:15 · answer #9 · answered by lollipoppett2005 6 · 0⤊ 0⤋
The only way you can keep him with you is if you file for custody, and gain temporary placement. Don't do it the other way. It will get you into trouble. Call a lawyer immediately!
2006-08-11 11:57:02 · answer #10 · answered by Mary J 4 · 0⤊ 0⤋