New and need help with custody issues

[marjsmith03]

Okay, this may be long, but I feel I have to describe most of the information I have in order to get the best information and responses.

My husband is having problems with his exgirlfriend that has custody of their son.  His ex has moved their child literally about 25 times in the past 6 years.  He is going into the 3rd grade and has never attended the same school for a complete year.  He is typically in 2 or more schools.  This is our most recent issue.  However, there is some severe domestic violence between his ex and her husband.  The two of them get physical and the cops come, the typical domestic violence situation.  She has left him a few times, but he always comes back.  As if all of this isn't enough, she won't keep their at the same doctor for anything.  She is constantly changing doctors and medication that he has.  That is just a quick description of what has been going on.  Of course there is the typical using the child as a pawn and keeping him from his father, as well as calling child protective services on us various times, and talking bad about his father.  

The most recent issue is with her moving him at the beginning of July, and again just about a week ago.  This last move was not discussed with my husband.  He found out that they moved again when his son called him and the number was different.  As if that isn't enough, the moved was to a place about an hour away from here.  It is still within the same county she moved to a few weeks before, but is about 45 minutes farther away.
We know we can get her for contempt due to the move, not to mention she never registered with the courts so the family court still thinks she is in the county that this all originated in.  That was about 5 moves ago.  So we obviously have a case for that.  We also have a strong case for custody.  

Our issue with that is that it is expensive and we can't afford it.  We did talk to an attorney who has agreed that it is in the best interest of the child to go after custody.  He said our chances were pretty good, but it would be expensive.  I am just so frustrated because this child is in a horribly unstable home and at times even a violent one and yet because we don't have enough money to fight it, he is stuck there.  He doesn't want to live with us, so that would cause an issue, but in the long run it would be better for him.  Child services has been called on her various times from her neighbors, but nothing has ever came of it.  It hasn't been done since she moved to a different county.  Maybe that county is better...the county she was in wouldn't take a child out of the home for anything I swear.

So anyhow, my question to everyone is how we may go about getting an attorney to take our case pro bono or how we go about getting cheaper rates.  There is plenty of help out there for the single parent with little income, but for us who are married and make a little above poverty level, there isn't anything that we can find.  The legal aid places consider all income, but not the bills having to be paid every month.  Or at least from what we have been told.  So anyone with any information or suggestions to offer would be greatly appreciated.

[KathyNY]

I just put this suggestion on someone else's... do you or your husband work for a company that has an EAP (Employee Assistance Program)?  My fiance's company does (he works for a steel mill).  He called EAP's 800# and they found a family law attorney who contacted us directly.  He charged us a discounted rate because of the program, and his retainer fee was MUCH less than the other quote we got from an attorney we looked into before we heard back from EAP.  

I also post on a website for stepmoms (that's how I found this website, from one of the stepmoms there) and one of the situations involved domestic violence and the father wanting to remove the kids but not having an attorney or the money to really fight the system and the ex.  It was suggested that they go to the press.  Now, their case was more extreme than yours, but who knows?  Some reporter, even from a small paper, may want to write about your case as a "human interest" story, and you'll get publicity that way, which may give you leads on an attorney.  Just a thought.  I wish I had more to help you.

Good luck.

[msme]

You might try putting your case together by educating yourself on this site. Run your ideas & presentations by the folks here & Socrateaser & when you have it all in line, try to find a lawyer who will consider using what you have done.

If all the leg work is done, you may find one who will charge you a lot less for reviewing it & presenting it, as opposed to having to do it from scratch.

I did this on a civil case & wound up representing myself & only paid the lawyer $150 & I won. Of course, I don't recommend representing yourself in Family Court but you can cut the cost by having everything ready. Good luck & God bless


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