Custody questions professional advice is needed?
My ex-gf of 4 years took my daughter and moved to Georgia a month after we broke up.
It's been more than a year since they moved. I saw my daughter only 3 times for about an hour each time. My ex will not let me have my daughter, eventhough we mutually agreed to share custody before we broke up. My ex is from Indiana where my daughter is born, and where I currently reside. Her whole family lives in Indiana. She has no relatives in Georgia, but she lives with some desperate looser who finally found a way to get laid. Basically her move to Georgia is a way to run away to keep physical custody of our daughter. Her driver licence is suspended with a $7,000 lien from an accident with no insurance. She is also a drug addict and alcoholic. Knowing that these facts will hurt her chances in court, she took off to Georgia to live with her friend. Then her friend introduced her to her actual roomate/boyfriend. On the other hand I am a full time student with basically very little money. As a student I can't move from state to state because I will loose some of my financial aid and my tuition will also be raised.
My questions:
What can I do to get primary custody of my daughter beside hiring a lawyer?
Where can I find forms for custody?
Where can I find help for custody?
Also can a phone recording where my ex is claiming to use drugs be evidence in court?
Answers:
Nobody's gonna give a student custody. She's your kid: Quit school; get a job & get a lawyer. Or forget it.
The only way to get custody is legal action. Use of drugs in the past is no sure way to get custody. You will have to show that the person is not a good mother. When you start to try to get custody, you will end up paying child support. you don't say if you are now, but i suspect it isn't official. so you have something to lose by this process. Most of what you say is irrelevant. Since you have no money, and are a student, how will you support your daughter? do you have an appropriate home with a bedroom? can you afford day care while you are in school? get your own plan together before you start to try to get custody. how will you support your daughter and yourself.
I would talk to a lawyer many have free first consultation. Custody can be filed for in the state the child was born in. You can file in Indiana. A call to the child protection is Georgia might help with your concerns about the drug use. Many lawyers will take payments and some have a set fee. Maybe your family could help with the finances or it might take an additional job to pay the fees. You might also check out a local father's rights group that could help with a local contact. Good luck.
you may want to see if you can barrow monies from Friends and family to pay for a lawyer in the long run
Legally one can always represent themselves in court, but you will need to know the procedures, motion etc to file with the court seeking either visitation rights or full custody rights, now you can file in the state the child was born, but under the uniform child custody act the state where the child has resided for six months or more can exercise jurisdiction so if your ex gf fights it you will have to go to Georgia to fight for visitation
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