Son's mother was arrested

[ScottM1982]

2 years ago to my son's mother and I separated after she came home drunk yelling and screaming. She started in on me about my mother I happen to see her phone and she had called/text 5 or so numbers that were not contacts in her phone which makes me think she was out cheating. When I asked about it she grabbed a knife and threaten to kill herself. I opened the door and she ran out with the knife. I called 911 and reported it, she was surrounded and shot with a tazered and taken to ER and released, no jail time served.

I took time off from work and got a lawyer, who got me emergency custody of my son. At our court date 2 weeks later I was awarded full custody of my son and her daughter who, is a few years older then my son. I meet someone not long after who was going threw somewhat the same thing. We talked for hours ever day for months. I was currently living in a small out of the way town in New Mexico where the woman I met lived in Los Angles CA. Since I'm a chef by trade LA was a better opportunity for me to further my career. I contacted my lawyer and we went back to court where she was awarded custody as long as she left with her mother and to not drink again. Now she never stopped drinking, but I couldn't prove it, until now.

She was arrested on Feb 16-18 for DUI of .15< in El Paso Texas about 2hrs south of were she lives with my son. She went to court yesterday and was arrested again and sentenced to 30 days without bail. I want to know if and how I can get custody of my son.

I currently have full Legal and partial physical custody since he is in school so I only get him in the summer, half of winter break and either Thanksgiving break or spring break while I'm out of state. If I'm in state I can have him all day every day.

I want full physical custody of my son since his mother is now in jail what do i need to do to get it?

[ocean]

How old is son and who has him now? Grandma?

Can file emergency custody as mother was sentenced to jail or have your old lawyer do it on Monday? You would file in the same court as last time.  You should be able to see judge that day. School should be over or just about over. When is the last day of school? Since you have summer visits, you can start the custody hearings. Request you receive custody the last day of school in the emergency paperwork. Then start the battle while he is with you for summer vacation and see if judge will allow you to enroll him in school by you.

Realize that alcoholism is considered a disease however she really went to far with the driving and prob lost her license for a while. After her release she may have to go into a program in order to retain custody or get him back. The older the child and the wants of the child to remain with you after the summer will come into play to.

Good luck!

[ScottM1982]

My son is currently 7, will be 8 in Aug. I believe he is currently with his Grandmother (her mother). My mom had him on Thursday and took him back there we didn't know she was already arrested at the time or my mother would of kept him with her longer. He is currently on summer vacation. I called the judge this morning and left a message (forgot it saturday). I should hear back on Monday, I hope.  Thank you for the advice I'll call the court house again on Monday morning and see if there is away to fill while im out of state. Ill let you know what i find out on Monday.

[MixedBag]

Calling a judge does not do the trick -- you gotta file a motion and paperwork.  IMHO don't expect a return phone call from the judge.

[ocean]

Yeah, you can call clerk and they will let you know how to file but a judge will not call you back. When are you supposed to get him for summer break? If you have the time, go there, file paperwork, you will see judge same day but must file emergency custody paperwork and then take him home if judge agrees. If you are supposed to get child soon, file when you pick him up for custody. If she is out in 30 days, you will have to see what her release probation and status of her license. Judge may give you custody for time she is in jail as parents are granted custody over grandparents.

Look on line, family court paperwork may be online for you to fill out... has to be ex parte (emergency) hearing in order to see judge same day.

Good luck!