My daughter seperated from her husband about 4 months ago and he is obsessed he took two of my grandchildren and refused to bring them back unless my daughter will take him back. He has left threatening phone messages, he has told my grandchildren that we do not want them anymore, he is on drugs and is currently on probation for this reason. The law will not do anything because they are in his possession and after listening to the phone messages they advised my daughter to go to the courthouse immediately and file for temporary custody, she went to the courthouse and the clerk advised her that she had to obtain a lawyer and we cannot afford that. They all agree that isn't right but that it is only mental abuse, if it was physical they could go get the children. I have contacted so many people pleaing for their help in this matter, I think that it is terrible that a childs custody is determined by possession rather then what is best for the child. Any suggestions? Thanks you.
2007-03-07 15:15:33 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Sadly your daughter will have to obtain a lawyer to help her. She could call some lawyers in her area and see if they would help her for a much lower fee than unusal. Also look in the phone book for the lawyers who take on certain cases for free. I do wish her the best of luck with this.
2007-03-07 15:30:59 · answer #1 · answered by Krinta 7 · 1⤊ 1⤋
I don't believe there is a courthouse in this country that requires a lawyer to do anything. The court should have forms for your daughter to fill out to file for temporary emergency custody. This will give custody until a divorce is finalized. If she gets no help from the courthouse family law department - she should contact her local bar association for a referral to a low cost family law clinic/attorney/legal aid type of place. She may also want to consider a restraining order if he is threatening her. In the context of a RO you can also have a custody award made. Any local domestic violence organization can tell her how to get an RO.
Good luck.
2007-03-08 03:30:32 · answer #2 · answered by CV 3 · 0⤊ 0⤋
The only reason you are all bent out of shape is because he has the possession! If your daughter had the kids you would think everything is fine and dandy. All of a sudden the guy is a no good bum...yet it was your daughter that selected him to breed with and now she wants out, with the kids. Cut loose with the cash and fight him or tell her to start acting like an adult and treat him with the respect that the father of her children deserve.
2007-03-08 02:07:44 · answer #3 · answered by lily 6 · 0⤊ 1⤋
your daughter could apply for legal aid. The court should be able to advise you on that. Child welfare might be able to act if the husband has a drug conviction.
2007-03-08 02:19:32 · answer #4 · answered by mark 6 · 0⤊ 0⤋
Try some of the free legal aid societies...
2007-03-07 23:38:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
do it herself go get the papers and just fill them out or get a paralegal
2007-03-07 23:19:45 · answer #6 · answered by kitty 6 · 0⤊ 0⤋