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I suggest file yourself Monday as planned.  Then get the lawyer.  Sometimes it takes days to weeks before an attorney get documents filed.  Your attorney can amend your filing IF necessary, otherwise, he can pickup where you left off.

LizaLou

My SKIDS  wants to live with us and papers have been filed for the OSS who is ready to face his mom.  The YSS is too afraid to cross his mom.  Their psychologist supports the move which is a key element in our case.  He is ready to testify the mom is psychologically abusing both boys with PAS garbage.  Currently the mom is in jail for contempt and the grandmother kicked out my OSS because he would not go on the TV news and speak ill of his dad to get is mom out of jail.  The YSS went silent and was too scared to leave.  The OSS came to us Monday (Grandma put him on the plane) and dad is registering him in school today.  Our attorney is requesting an emergency hearing.

You might consider counseling because if he gets wind of illegal drugs or drug abuse directly or indirectly from the child, he is obligated to report when the child is in danger.  Our attorney says a counselor supporting a change in custody is ALWAYS good ammunition.  

Best of luck

Lizalou

In our case the UCCJEA kept the juisdiction from moving to another state.

BM moved kids from AL (state of jurisdiction) to FL.  Six months later she tried to move the case to Florida' Jurisdiction.   We hired an attorney in Florida.  One court filing, 5 minute hearing (which DH did not attend) and $ 3000 later, the BM's case was thrown out.

We filed papers based on UCCJEA.   We won because DH still lives the the same county of the original custody case.  As long as DH does not move and fights her attempts, the BM can't move jurisdiction.

LizaLou

I'm not generally in favor of sending cell phones but... depending on their age, give them a cell phone with thier Law Guardian's cell phone number.   It's his job to protect them - they can't go wrong calling him about anything.  That worked for us.

However, that's not to say 911 should not be called for a true emergency, but I'm not real sure how 911 and cell phones work together.

LizaLou

I am so sorry for your troubles.  This does not sound like something you should try to handle without an attorney.

Good Luck

LizaLou

Anybody been down this road?

This looks like a very bad beginning.  If she is already denying him the child now it will probably get worse over time.  Your brother should get a junk yard laywer right away. He should file for custody right away.

LizaLou

In a word, condom.  Tell all your high school male friends to take responsiblity for birth control (and STDs)!

Sorry for your sitaution.  Your ordeal is just starting.

LizaLou

Congratulations of getting custody.  I wish the very best for you.  

I  recognize missing out on free or "non-school" times is hard but what other alternative is there for the NCP?  My comments are from  the NCP perspective.  Our experience is tainted by a BM who desires to end all contact DH has with his kids.  

Our interstate visitation gives us 2 months of summer, every spring break, alternating Thanksgivings and a alternating week or so before or after Christmas and does not even come close to making up from lost time during the year caused by the BM's decision to move.

Some things you may want to consider or watch out for depending on your point of view:

Transportation - DH agreed to meet BM half-way, but regrets it now because he has made the 6 hour drive several times now with them never showing up.  Also, in retrospect, she wanted to move so let her pay for transportation.

Child support - It gets Really, Really expensive around out house in the summer with daycare, food, entertainment, etc with extra children. Reducing (I didn't say stop even though some people do) the child support obligation for the summer would help us.

Good Luck

LizaLou

Avoiding any and all roadblocks to emergency care, in or out our area or (especially out of state vacations or living), is my overriding concern.  

In our area not all hospitals are public and a private hosptial will turn you away without an insurance card.  Since emergencies are not planned, I personnally would not want to make my ex (NCP) "find" me before getting emergency care for our child.  Especially since I travel for my job and I'm not always immediately available.  

We also gave a card to each of DH's children age 13 and 15 (and his out of state ex).  One child lives with us and the other doesn't.  Each case is different and I'm sorry for your troubles.

RE the SSN on the Card, I thought HIPPA, required that policy numbers no longer be SSN.  We were sent a letter and re-issued ards changing the number... so were my in-laws.  

Lizalou