The Mom is in jail!

[slickshott]

I am the non-custodial father of my 6 year old son. The mother is recently incarcerated for a D.U.I. conviction. Just before she went to serve her jail time for her first conviction, she recieved a second! She may be locked up for a while. I really need help and can't really afford an attorney. Does anybody have any advice on how I can go about getting custody of my son?

Thanks,

Rob

[MixedBag]

We are not attorneys - - just normal parents like you.

I'd file an "Emergency Motion for Custody" and state the reason which is that Mom is in jail.

Then I'd go get your son from whereever he is.....

This is a very very good time to scrape money together for an attorney to see it through.

[mistoffolees]

>We are not attorneys - - just normal parents like you.
>
>I'd file an "Emergency Motion for Custody" and state the
>reason which is that Mom is in jail.
>
>Then I'd go get your son from whereever he is.....
>
>This is a very very good time to scrape money together for an
>attorney to see it through.

I agree. Beg or borrow the money if necessary.  Or at least see if there's legal aid available. If the mother is in jail, this should be fairly straightforward and shouldn't cost all that much in attorney's fees. Better to find the money now than to lose control of your kids forever.

[daddeo2007]

>>We are not attorneys - - just normal parents like you.
>>
>>I'd file an "Emergency Motion for Custody" and state the
>>reason which is that Mom is in jail.
>>
>>Then I'd go get your son from whereever he is.....
>>
>>This is a very very good time to scrape money together for
>an
>>attorney to see it through.
>
>I agree. Beg or borrow the money if necessary.  Or at least
>see if there's legal aid available. If the mother is in jail,
>this should be fairly straightforward and shouldn't cost all
>that much in attorney's fees. Better to find the money now
>than to lose control of your kids forever.

Lawers that work right across from the courthouse are usually much less than lawyers that have an office 15 minutes or more away from it. You can ask a lawyer to have things typed up for you in the right words for really cheap and have them go to court with you once or twice for really cheap instead of them charging a huge retainer.

BUT a problem I've seen with the same kind of case is that some times they would not give the father custody because the mother had not been served with the court order yet so if you do get emergency custody I think that you should very quickly get confirmation that mom was served. I'd get on it quick. If she gets released early she might disappear so that you can't find her to have her served. Good luck.