my son is 9 years old. I have had custody of him his whole life. I am a good mother and i he has had a good life. His father has seen him a few times and now he want custody. My son does not want to live with him.My mother just passed a way and i dont have financial means for an attorney what can i do. I am native american and his father isnt, and he is using his money and a tool for himself.
2006-10-04 06:32:28 · 8 answers · asked by thesunnshynne 5 in Politics & Government ➔ Law & Ethics
You don't specify a lot of details that are necessary in order to take a look at the case from a legal perspective, but the regular order of things is that unless you{re a bad mother, (abusive, drug addict, hooker, or something equally bad) and HE CAN PROVE IT IN COURT, the state is always going to give custody of a child to the mother, especially if you have had custody of the child for his whole life and he has always had a good life. Now, if the kid's father is using his money to try and screw you over, you definitely need legal counseling. It would be very odd for an absent father to gain custody, but you need to cover yourself, look for a foundation or some legal firm that does pro bono work, the state might even be able to provide you with a lawyer. If everything else fails, something that has worked in some cases is to go to the press, it might seem like a messy last resort, but many cases in which the mother has been harassed or put in disadvantage by a third party who has money in his favor have been reinforced by talking to someone who might take interest in the case. When things go public bullies usually hide like the cowards they are. Good Luck and have faith.
2006-10-04 06:43:35 · answer #1 · answered by brooke 2 · 1⤊ 0⤋
If you are a member of a tribe you can seek council of a tribal lawyer. I don't' believe that they charge. If not you can seek council with a court appointed lawyer. Court appointed is better than nothing. You are his mother and you have strong pull. You just need legal assistance. Of course you can't do that until he actually files suite. Good luck and God Bless...
Addendum: Actually, as a Native American there definately some resources you can use. Look up the Bureau for Indian Affairs. They have loads of info. More importantly, if you are a member of your tribe and residing on the reservation. You need to enroll your son as well. If you do this no Federal Agency can really "take" your son away. Any instance that the tribe has helped you i.e. tribal money will only back him as a member of the tribe. Any member of the tribe does recieve Tribal provisions but you need to find out what they are. Most have a website and are pretty easy to contact. Again, BIA can help too.
Also, your state may have laws that back child support must be paid before custody would even be considered. Arrangements to have child support from this period on would HAVE to be set up. Remember child support can even be counted for care while you were pregnant, clothes, day care. Basically, everything you or anyone else has spent in the last nine years for your son.
If he's rich enough to pay for all this in one fell swoop, you still have the fact that your son does not wish to reside with him. Most states have an age where the child decides whom he wishes to live with. I have heard six being old enough to say but check with your state.
He has to prove that he's been, is and will be responsible for this child. No matter how much money. Custody isn't a whim.
If none of the above helps you, which your tribe DEFINATELY needs to be made aware.
2006-10-04 13:44:49 · answer #2 · answered by BumbleBee 4 · 1⤊ 0⤋
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2006-10-04 19:16:46 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I am not sure what state you are in. However, in Oklahoma, there is the Oklahoma Indian Legal Service, Inc. (OILS). To quote from their site "Oklahoma Indian Legal Services is a nonprofit legal aid organization providing legal services to low-income Native Americans residing in Oklahoma."
If you are in the state of Oklahoma, I would contact OILS to see if they could provide you assistance in your case. If you are not in Oklahoma, I would still contact OILS and ask if they could recommend a similar organization in your area that may be able to provide you assistance. Also, you can try checking the website of National Association of Indian Legal Services to see if they list an organization in your area. The websites for both organizations are listed below.
Good luck.
-Saffyre
2006-10-04 14:54:15 · answer #4 · answered by the_vampiress_saffyre 2 · 0⤊ 0⤋
I`m sorry about your situation ..He probably just wants custody so he doesn't have to pay child support..Get a lawyer pro-bono someone will help you... or contact a local DFAS noone can take your child if you are taking good care of him
2006-10-04 13:41:14 · answer #5 · answered by Anonymous · 1⤊ 0⤋
see if you can find an attourney who will take the case pro-bono. since the child is pretty old, i think you have a good chance of keeping him. i think at that age, they would ask the child who he wants to stay with. plus, his father hasn't been consistently in his life, so that makes him look bad. good luck. i hope it works out.
2006-10-04 13:37:05 · answer #6 · answered by Niecy 6 · 0⤊ 0⤋
Depending on where you live, there is most likely a legal aide society who can get you help.
2006-10-04 13:36:44 · answer #7 · answered by Spirit Walker 5 · 0⤊ 0⤋
Its just not possible !!!!!!!! contact the child support department in your area immediately. they will help w/ all that and more.
2006-10-04 14:04:13 · answer #8 · answered by crazyami 2 · 0⤊ 0⤋