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Author Topic: custody of my son  (Read 3450 times)


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custody of my son
« on: Sep 05, 2006, 08:43:42 PM »
Five years the mother of my son took him and disappeared.  I shared joint custody with her, so I hired an lawyer to find her and my son.  That lawyer could not find her, so he hired a P.I., also to no avail.  Skip forward five years.  My son's mother is going to prison for six years, and she finally called me and gave me her location, as well as our sons.  She has not seen this child in three years, and he is in the custody of non-relatives in another state.  The people who have him now never made any attempt to contact me, and they are fighting me for custody of my own son.  I have tried to speak to attourneys here in Texas, but I am contantly being referred.  As it stands, I have spoken to about ten lawyers, and have had ten referals.  No one seems to have experience and they refer me to another attourney.  I don't know where to start, and I can't get anyone to give me advice.  The family that has him has tried to replace me with their own son.  The child calls him Daddy, and untill last month he actually thought this other man was his father - the child is seven.
Last month I saw my son for a week.  We fished, we drove all over the state, and we talked alot.  All in all it was a very good visit, and the child went back to the state where he now resides ( you might ask why I allowed the child to go back - in order to get the visit I had to give my word that the child would be allowed to go back.)  Now this child is terrified of me.  He has been told that I am going to kidnapp him, and does not wish to speak to me, even on the telephone.  The people that have him have somehow managed to get temporary guardianship of him, and are not allowing me contact.  They have even barred me from getting his school records.  Without school records to prove his mother has not had him for three years, I cannot get childsupport stopped.  That's right, I am legally bound to pay child support to a woman who has not had possession of my son for the last three years.
I need help, and I don't know where to look.  If you have any suggestions, please, please, respond.


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RE: custody of my son
« Reply #1 on: Sep 18, 2006, 08:15:42 PM »
What state is the court order in?  Texas?

If it is in Texas you need to find an attorney and get him to sue the mother who I assume is the custodial parent for custody.    If she is in jail and does not show up at the hearing then custody should be yours by automatic default.  I would not mention the guardianship, I would just say to the attorney she has left the child with non-relatives that have no legal authority to the child.  

If the case is still in Texas and a judge from another state has given guardianship to someone, you will have to take that court order from Texas to that judge and show him you now have full custody of the child.  Once a judge signs off a sheriff should go with you to pick up the child.

Texas likes to keep their cases in Texas.  What county are you in?


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