After a tragic accident that killed the mother of my two children my bio son was the only survivor. Since my ex girlfriend had remarried the step father rushed to court saying he did not know my whereabouts although we were both in the hospital beside my son. He lied to the court saying I had not supported my children and did not have a relationship and the 4th District Court allowed him guardianship. The court said he could do this because of my past record. I have always had a good relationship with my children and was up to date on my child support. The step father basically kidnapped my child through the legal system and has done everything he can to keep me from visiting my child. I found out the step is not planning on keeping my son but giving him to his aunt in the future. I do not have a lot of money and have spent over $5000 to fight for my son. I take drug tests every 72 hours to proved I am not on drugs alcohol. I need help with this situation.
2007-09-12 07:27:49 · 6 answers · asked by iamsharris2002 1 in Politics & Government ➔ Law & Ethics
To definitively answer your question, you need a highly skilled lawyer. By only hearing one side of the story it's hard to render an impartial or just answer.
According to the Judge, he's granting what he deems is the best interest of the child(ren), based on your past history. It's within the law.
The best thing you can do is find a lawyer who can represent you in a shining light even though of your past.
2007-09-12 07:31:46 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Well, yes..it will come to a court battle. The norm is that if one parent dies,the surviving parent gets custody. Unless a court has terminated his rights..those rights remain. Verbal abuse is something difficult to prove. In a case between two parents... both parties start equally with rights. You said nothing about if he already has visitation, etc. No state allows a minor to pick the parent they want to live with. They can sometimes be heard by the judge, but the judge always will make the final determination. And especially, it would be difficult for a judge to decide based on what they WANT..when the law is basically on dad's side to start with. I've heard of SOME CASES where a step parent is given custody..but it doesn't happen often. You have to prove a whole lot, to GAIN rights that you didn't have to start with. You are gonna need a damn good lawyer, unless the father voluntarily allows them to remain with you. I am truly truly sorry for your loss, and respect that you want the best for the kids. Just saying..you are going against the norm, and it will take a lot to win it.
2016-05-17 22:48:05 · answer #2 · answered by ? 3 · 0⤊ 0⤋
You don't need help from Yahoo Answers, you need help from a lawyer. There are many variables and even a lawyer from Idaho could not tell you exactly what to do based on the brief information you provided.
If you are taking drug tests every 72 hours, you have a major issue on your record.
2007-09-12 07:33:21 · answer #3 · answered by davidmi711 7 · 1⤊ 0⤋
There is more to this story that you need to discuss with a local attorney.
I would stongly suggest you contact the Idaho Volunteer Lawyers Program :
http://www2.idaho.gov/isb/pub_info/ivlp.htm
2007-09-12 07:34:01 · answer #4 · answered by hexeliebe 6 · 1⤊ 1⤋
You need a lawyer and yes they are expensive, perhaps you could try legal aid, if that exists there where you live.Good Luck
2007-09-12 07:32:53 · answer #5 · answered by sirmrmagic 6 · 1⤊ 0⤋
BETTER GET A DAMM GOOD LAWYER...BEFORE THEY DISAPPEAR..
SAD STORY AND GOOD LUCK!!!
2007-09-12 07:34:10 · answer #6 · answered by CCRIDER69 5 · 0⤊ 0⤋