can anyone help us??

[junglechicken]

I don't usually post to these boards.  My dh is about to enter into a custody battle, I think.

BM, her bf, and all the kids have just been evicted for the third time.  They got kicked out of their apartment summer 2002, for nonpayment, rented a house.  They were kicked out of that house shortly before Christmas last year, I think it was end of November.  This past spring, my osd was telling us of papers they'd received, warning them that action would be taken against them.  My dh said at that time if they were evicted a third time, he would go for custody of the kids.

Well, guess what.  He found out today that as of Tuesday, they were evicted.  BM, my sds, and bm and bf's 4yo son are staying at bm's parents'.  BF and his 8yo daughter are staying with bf's parents.

We need a plan.  I think, from discussing with dh a little while ago, we're on different pages without any idea of a strategy.  DH hasn't had to go to court with bm many times, but for all of them he's done it alone, without a lawyer.  We will need a lawyer for this one.

I plan to do some reading on this site, but we're in Canada, and i think a lot of what is here may not apply to us.  Canadian law sites don't have the same kind of content as this site (kudos to SPARC!)

In order to do this *right* and with as little confrontation as possible (right...) what do you recommend as a strategy?  starting with:

-if dh should have any discussions with bm about the current situation
-how he should approach her (a woman of low intellect, no money, separated from her bf, living with her parents after being evicted for the third time, with three kids)
-when to retain the lawyer
-if he should go for emergency temp custody first
-anything else??

I think I'm in panic mode.  I did not want to go through this, and I did not want the kids to go through this.

HELP!!!

[wendl]

I don't know if an emergency hearing would work as bm is now residing with her parents and the kids have a roof over their heads.

I am cocerned about the stability of the childrens lives. How old are they.  Can you get records of the evictions??

I would consult with an atty and interview many until you feel comfortable with one before hiring him/her.

Keep accurate documentation.


I would post to soc and see what he says.

:)

**These are my opinions, they are not legal advice**

[junglechicken]

We're in agreement about the emergency hearing.  The kids aren't in danger, so there's no emergency

Ditto on the stability factor.  The girls are 9 and 6.  Can we get records of the evictions...i don't know.

Thanks for the advice on the attorney, as well.

[wendl]

Good luck, my dh's ex lived in 4 diferent places in 2yrs kids went to 4 different schools in 4 yrs and the judge didn't care. She had been  evicted 2x that we know of, the judge didn't care and she has moved yet again (we are glad she moved though as she was in a drug high crime hooker area)

I wish you all the luck, you need to get a good atty to deal with this.
:)

**These are my opinions, they are not legal advice**