Looking for advice on child custody issues?
My baby's momma and i live together and have a 4 month old son, after her hitting me and MANY numerous threats of me not being able to see my child (today being the last, with"Enjoy it it's the last time you'll ever see him") and SHE LEFT! So I packed him up, and the dog and went to a friends house that she doesn't know the whereabouts of. ALL DAY CALL AFTER CALL AFTER CALL bout 300-400 plus and about 40-50 text. All of which I have not answered! She has now placed a restraining order on me (NOT SERVED)they don't know where i am. she is threatning me with kidnapping and a slew of other nonsince..All i want is for Joint custody IN WRITING FROM A JUDGE! Because she changes her mind everyday!(boy can i pick em) can anyone give any tips on doing this almost alone... very short on funds at the moment?? I'm not trying to run away with him but needed some time to get this figured out, and was not gonna risk her taking him out of state (rich father)
Answers:
Taking him like that probably wasn't the smartest move. Are there any custody orders at all? You need to go to the family courthouse in your area and file for joint custody. They have fee waivers for people with little or no income. Do it before she does. Show the court that you want to be a father to this child. Be prepared to get slapped with child support though. But, really, my advice is to do it BEFORE she does!
BTW: You can't keep the child away from his/her mom. It's not right. She has rights just as you do.
You blew it. Get a family lawyer and a video tape now. If she does drugs, etc have the lawyer demand a drug test. Get hidden tapes and recordings. Do nothing else until you get the lawyer. Do nothing but what the lawyer says.
I can understand your feelings, but I think the best thing for you to do is to take your son back to his mother. Most judges award custody to the mother but in certain cases the father can take an advantage. You should try to work things out with the mother in a civil manner for your childs sake.
i went though a similar problem...the best thing is to start a custody hearing in the courts which you can file yourself...it allows a case worker to work out a temporary arrangement as you work out the problems and then you can make it permanent. whatever you do DON'T RUN...it makes you look guilty and get the papers filed as soon as possible. also depending on the state which you live you may or may not be able to find groups that can help you file and deal with the legal ends.
It's not kidnapping unless you already have a custody agreement/order. You should return the baby immediately anyway since a 4 month old definitely needs to be with his mother unless he is in real, true danger.
then, go to the courthouse, ask for the family law filing window and file for custody. Once custody is established, you won't have to worry about these problems.
Try the site below and watch the movie. Hope this helps.
Run, don't walk, to the nearest family law attorney you can! Its clear that your split up will be nasty, so take the gloves off and be ready to fight, and fight dirty..its you and your son you're fighting for!
Its clear this is beyond "working out" so you have to do whats right for you and your son. Try and get help from your family, file domestic battery papers on you if you can show that she has been hitting you.
Let her scream and yell kidnapping all she wants, it isn't kidnapping unless there has been a court order.
Tell the attorney EVERYTHING that has happened, and that she LEFT and follow your atty's advice and direction.
But you need to act quickly! The longer you wait on this, the harder it will be for you and your son.
And don't listen to this nonsense that a baby HAS to be with the mother, its just total crap! The father can raise a baby just as well as the mother, and in my opinion, sometimes better!
Good Luck!
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