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Threats for son to be taken away.

Started by Jaya, Jun 28, 2006, 02:00:26 PM

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Jaya

Hey I need help. I don't know what my next step is. I don't know if I need to hire a lawywer. Please advise.

I have a 14 month son, I never was married to the mother. I have been taking care of him every day since the day he was born from 6am to 6pm exclusivly. The mother has been threating to take him away from me since he was born. Along with her threats are requirements that she is inforcing such as I had to stay every night there incase the baby woke up, that I must break up with my girlfriend, b/c she doesn't like her at all, more money etc. etc. etc. I have played along with it on the most part, basically going behind her back and still doing what I wanted. I have left her house and am now on my own. I am going to school and only work a part time job due to the fact, my days are watching my son and 3 times a week I go to school at night. I have been paying her between 600-300 a month to her for CS. She has finally has snapped and is now threating to "take me to court, and fight for every right I have." However everyday she still drops off my son. She is waiting to file the papers with the courts untill I am out of school so she can get more CS. I have just mailed the papers myself to establish CS. I need help please advise.

ocean

You can go to the court house and file for a parenting (visitation) plan or custody. Why do you have him for 12 hours? Does she work during this time?  

Kent

I strongly advise you to hire an attorney immediately (unless your study is law school).

You need to file for custody. Keep in mind; whoever files first, usually gets temporary custody, and in most cases, temporary becomes permanent.

Moving out was a very bad thing, it will be held against you and weigh very heavy. If you can at all, move back in with her again. You also need to gather proof that you are the primary caregiver. Get medical records (if they show YOU took the child to the doctor), witnesses, everything you can find. Video tapes, pictures, etc. etc.

Also: Make it clear to your attorney that, the moment you file, she will likely cut off all contact between you and the child, so you need to insist on either an Ex Parte or an emergency hearing.
You also need to have the court to order to establish paternity. Is your name on the birth certificate?

Go to the articles pages here, there is a wealth of information. Start reading, and educate yourself.

Kent!

Jaya

Yes she does work during that time. I have purposly chosen a job and schooling, and future career based around that time.

Jaya

I was forced out of the home when she wanted to move her new BF in and when she found out I am still with my current GF. My name is on the birth cert, and I have signed the Avidavite of Parentage.