ok, my friend's ex-husband is getting out of prison soon. she had 2 kids with him, which both are very young. (3 and 6) he still has an equal ammount of custody over the kids. she has tried to go to a bunch of places to get custody over them but none will help her. how can she get full custody?
PS- i think she i filing for a restraint order, but we don't when it will be effective.
please help. we need suggestions. tyvm.
2007-07-16 17:20:42 · 9 answers · asked by Comicstorm 3 in Family & Relationships ➔ Marriage & Divorce
oh yah. he has also abused her and her kids. so, she has to take the kids away from him. for everyone's safety.
2007-07-16 18:04:47 · update #1
If she has grounds for an order of protection, she can walk into court, file the paperwork, and walk out with it that day.. she needs to ask the police department where the legal advocate is located that helps file those papers. Mine was actually in the courthouse..
That will give her 30 days (in my state) before the next order of protection hearing.. that is the one where he is allowed to testify and present evidence, as well, so it's harder to get than an emergency order, but can be done.
She needs to get a good atty. The law in my state basically is that the Judge has to determine that you can make decisions together in the best interest of the children.. if she can prove they are unable to make decisions together, she wins.. Here, it is also a matter of waiting out the system.. I was told by my atty, my husband's atty (in front of him) and the mediator that if I just waited until the end of the hearings (took 9 months) that I'd get sole custody cause the idea is if we went 9 months not agreeing on custody that we couldn't make decisions together. I was awarded sole custody.
It can be done if what the father has done warrants it.. Good luck to your friend.
2007-07-16 17:28:05 · answer #1 · answered by Wildflower 6 · 0⤊ 0⤋
Firstly she may have to prove her fears/threats made by ex-partner. For a restraint, as for custody full no allowances for father to see children is un -human unless he has threaten the children or they have genuine fears of their father..There will be legal access granted by a agreement to / from the family courts. Access publically or at a police station the later 1 not good for children obviously....scary stuff ! cant think why there is a access problem/ custody issue there is more to it than whats said.. dont get between family parents let the 2 adults sought it out, they are the parents.
2007-07-16 17:35:36 · answer #2 · answered by daryl 4 · 0⤊ 0⤋
She hasn't been to the right place.
1. she needs to see a lawyer
2. she needs to file papers in family court for full custody.
3."places" can't do this for her; she has to do it herself, trough an attorney.
BTW, Her husband, being in jail, may have full access to the legal system, free, so she better get moving. He already HAS a lawyer!
2007-07-16 17:26:31 · answer #3 · answered by seeitmiway32 5 · 2⤊ 0⤋
If he went to prison all you need to do is show a judge that he was convicted of something bad enough to get there. That should do it!!
2007-07-16 17:24:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
she needs to get a lawer. and go to se a judge and let him know her husbands where about.s at now prision he will enter a order to give her full cousty of both children . fact. in my opion?
2007-07-16 17:29:18 · answer #5 · answered by the_silverfoxx 7 · 0⤊ 1⤋
Go talk to a family lawyer.
2007-07-16 17:24:18 · answer #6 · answered by janicajayne 7 · 1⤊ 0⤋
Tell her to get a good lawyer. I wish her luck!
2007-07-16 17:27:26 · answer #7 · answered by jamlws1 2 · 0⤊ 0⤋
go to your city hall talk to some one that can Gide you to see who you have. to and do it fast
2007-07-16 17:35:10 · answer #8 · answered by freeman3905@sbcglobal.net 6 · 0⤊ 0⤋
well to tell u the truth it really has nothing to do with you. and she is peothetic if she is gunna keep the kids away from there father..........if it wasnt for him they wouldnt even be here today so why dont she think about that for once?!!!!!
2007-07-16 17:28:02 · answer #9 · answered by Anonymous · 0⤊ 3⤋