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Ex wans Full custody of my son. What can I do?
Heres a bit if history first- Over the summer, I lost my job, and moved in with a friend of mine until I can get back on my feet. Since then, my ex. hasnt let me see my son. I try to call a few times a week, so on saturday, I took a bicycle over to her house and finally saw him for about 20 min. Today, she showed up with a restraining order, and papers stating that she is filing for full custody of him. I have a court date on the 28th for this custody thing. Please help. Is there anything I can possibly do?
5 Answers
- 1 decade agoFavorite Answer
ok you can't just get a restraining order without appearing before a judge and alleging abuse. the first appearance would have been by your ex appearing and telling a judge tht you threatended her or something like that. but then you have a chance to appear to show that her allegations are false.
you need a lawyer right away. every city has a legal services group that helps indigent people. you can call the local court clerks office or local bar association ofice to ask if this service is available and how you get hooked up with them. be sure you have all paperwork related to your divorce and previous child custody award. i assume you have a pretty standard custody/visitation award. in which case your ex does not have the "right" to deny you visitation with out a court order.
get a lawyer!
- 1 decade ago
You are going in front of a family court commissioner. They are going to look at the situation and if there's no wrong doing on your part then she's gonna fall flat on her asss. You need to retain a lawyer. If your son means anything to you, then find a way to get a lawyer. I don't mean to sound harsh, but I've lived it. My ex husband is the biggest pile of steaming feces on the face of this planet. He was convicted of 2 counts of child neglect and the courts still said he could have joint custody. Reason being...I showed up without a lawyer on the first attempt to take my boys away from him. GET A LAWYER.
- wad963Lv 41 decade ago
Get a lawyer. If you story here is true she is not going to play fair and you won't have a chance on your own. There is no reason above that rules out your having visitation privileges, even if you are unemployed and living with a friend. If you can't afford a lawyer, go to legal aid. If you have to borrow the money do it. Once you lose custody rights, it will be much harder to get them back.
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