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Anonymous
Anonymous asked in Family & RelationshipsMarriage & Divorce · 1 decade ago

Need serious (quick) help, legal question, self representation, divorce and child custody?

This is a long question, but please take the time to read it.

I'll start from the beginning, I have been married for a few years, the relationship started getting very rocky as soon as he moved me away from my family and surrounded me with his, this is when I think he felt like he had me trapped, I was married to him, pregnant with his child and away from anyone I knew. He began to be very controlling. We have a little girl now, who is the light of my life, and whom I love more than words can possibly express. Recently some of my family came to live with us, and even though he didn't like it, he's scared of everyone except me and never had the balls to tell them to leave. I have been a stay-at-home mom since my daughter was born, that was a decision we both made. I, however, wanted to go to school, my husband didn't like this idea. When my family was here though, I was less scared and enrolled myself in GED classes and made plans to attend college. I'd asked my husband for a divorce before, and he'd made it very clear that he didn't want one and he would contest it. I didn't have enough money for a lawyer for a contested divorce, so my plan was to stick it out until I graduated in a couple years and then leave him. I never had access to the bank account or any of the money other than the cash he would reluctantly give me for groceries. He became very uncomfortable when it became clear that I was serious about getting my education and also because I now had someone around to stand up for me other than myself. We got in a huge fight and again I asked for a divorce, he again said no, but started to drain our bank account of the few thousand dollars we had in there, behind my back and unbeknownst to me. He hired a lawyer, had some papers drawn up, including divorce papers, but also a restraining order against me, preventing me from having custody of my daughter (on the grounds that I would somehow drive 400 miles to the rest of my family, with the car that he knew had no gas, but then not have enough money to provide her with basic necessities once I arrived), all of this behind my back. I was served these papers on the 30th of last month, they took my daughter away, and I have been frantically trying to find legal help ever since. On the restraining order, it said that I have a hearing on Monday the 13th and that this is going to be held in a town I've never heard of, about an hour an a half away, apparently there is only one chancellery judge in the area and he serves 7 counties, I guess this was his soonest available date. I have talked to every lawyer in town (which is only 3) but all need at least a grand to do anything for me. One promised to let me make payments, but after waiting a week for an appointment and selling things to get the $150 consultation fee, told me that he would need almost 2 grand up front. I tried everything I could think of to get the money, called everyone I knew, but no luck. There is one legal aid service in this area, I've been calling and leaving messages for them almost everyday since she was taken away but so far they have no returned one call. I went to their office and was just given an extension number to try on the number I'd already been calling, left a new message for this person, still no return calls, I guess they are very busy. I've tried to obtain a court advocate, but the people in my county won't drive that far, and I can't get a hold of anyone in the county the hearing is being held in until Monday, which is obviously too late. So, it looks like I'm going to be walking in there alone, representing myself. I have two family witnesses that have seen him be violent towards me, they've also seen him be extremely neglectful of my child. I have pictures of my daughter's living conditions now (she is staying with my husband and his mother), which are deplorable and dangerous. I've called DCS, but I've been told they will not investigate since there we are involved in this court thing and there is really nothing I can do about it. I may be still able to obtain a picture of a bruise that he left on me, he deleted it from my phone, but I've been told with the right software it may be recoverable (I'm waiting on a cell phone data cable I ordered to arrive, hopefully sometime today). My case is very good, the problem is, he has a lawyer and I don't. I don't know what kind of lies they are going to make up, and I have no one to question him and trip him up in his lies. I don't know the legal procedures for submitting evidence, or asking questions, or anything really. I have no court experience. Even if you don't have much law knowledge, if you've been through anything like this and can tell me what it's like and what to expect, I would really appreciate it. If you do have some law knowledge, that's even better because I desperately need it.

Update:

Trust me if I even had anything to sell for money for a lawyer, I would gladly do it but I have NOTHING, he has made very sure of this. I'm trying to get a job now (had an interview today), but until then I literally have about 3 cents.

Update 2:

Please stop telling me to get a lawyer, I would love one, I would do anything to get one. I have tried everything humanly possible to get one, but my husband has done everything in his power to ensure that I can't get one. I have no choice but to represent myself, I need to know what to do when I get in court.

5 Answers

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  • 1 decade ago
    Favorite Answer

    You are in a tough situation. It looks as though you may need to represent yourself.

    Here's what you do.

    1- Sit down and document the marriage from beginning until now. Write everything down, try to remember dates, names, places. Find as much evidence as possible, pictures, emails, texts, receipts.

    2- Bring all the evidence you can to prove you are a good mother. EVERYTHING. All the things you own of your child's. All the information you know. Bring signed statements from your child's doctor, dentist, daycare provider, all attesting to your character.

    3- Demand that an investigation be done into the living conditions of your daughter, and ask that a judge also investigate you. To show and prove you are a responsible person and there is no evidence to show otherwise.

    Here's the deal, likely if you have no convictions of any kind, you will get your daughter back.

    After that's dealt with. FIND A LAWYER. Go to legal aid. You can't do this without one.

  • Anonymous
    1 decade ago

    You should have a lawyer, because if you go there alone his lawyer will have a field day. You might think you have a good case, but one judge already granted a restraining order, so they must have presented some compelling evidence.

    Due to your financial situation, you could ask the court for a continuance, while you retain council.

  • Anonymous
    1 decade ago

    there are thing you can do. be for you go in see your Representative tell them whats going on with you waiting for help. I know you said dont tell you to hire a lawyer BUT THERE or was around that. Go to a lawyer office BUT ask them THINGS that might help with your case are pros pone it till you can hire a lawyer. Take all your paper work with you. If you went to the hospital cuz of the bruise then get them. I hope you went to the hospital cuz. If you did that would help. if you can show the bank balance when you where married and b 4 you got seperated that might help paper work paper work paper work and pics that will help

  • Nick
    Lv 5
    1 decade ago

    If you really think your child is in danger of neglect, you should do every thing in your power to ensure you get custody. This means biting the bullet and hiring an attorney. ESPECIALLY if he has one and you don't. He will rip you to shreds.

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  • 1 decade ago

    My best advice is to HIRE AN ATTORNEY. Self representation is often the kiss of death for the layman in court.

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