Welcome to SPARC Forums. Please login or sign up.

Apr 27, 2024, 09:51:43 AM

Login with username, password and session length

Please help!!!!!!!!!!!!!

Started by naninTN, Aug 04, 2007, 08:44:56 PM

Previous topic - Next topic

naninTN

           No one in Tn seens to want to help us . My son is an unwed father of a 4 month old baby. The mother went evil after the baby was born. He signed the birth certificate and they have been to court and the judge ordered dna anyway(dad paid for of course), visitation once a week and childs support, until custody is decided.This was when the baby was 5 wks old. He paid extra to the lawyer to have a restraining order on her not to take the baby out of state because he was afraid he wouldnt get to see his baby again. He went through so much heck just getting his personal stuff back from her. The very day he got his stuff back, she was saw at the store, leaving the baby alone in the hot car with the windows up and the car loaded down with clothes.We called the police and cps and nobody would do anything.Now she is probably out of state. Of course her dad and friend act like they haven=t  seen her. His lawyer says he can file criminal contempt but she has to be located to serve the papers  and then she will be ordered to come back to court. Naturally she ain't gonna come back and risk losing her baby. She has a case with cps here in Tn .2 previous kids, 1 dead and one took from her by cps. What can he or we do? This child is in danger.! Can we report her to the missing children , TBI or anything.Please help!!! We don't know what to do. Thanks!!

mistoffolees

1. If you have a restraining order preventing her from leaving the state, you can report her to the FBI and any missing children groups. Try working with your local TV station, as well.

2. You don't need to serve her with papers for custody if you are unable to reach her. As your attorney to file an emergency ex parte hearing. Your attorney may be correct about needing to reach her to file for contempt, but I'm pretty sure you can file for custody even if she's not available.

3. Make sure you're documenting everything - including getting as many witnesses as possible. For example, when you saw the baby locked in the car, I find it hard to believe that the police wouldn't come. If you called them WHILE THE BABY WAS STILL THERE and calmly explained that you are at such and such a place and there is a baby locked in a hot car, I'd think they'd come running - so there may be more (for example, no need to tell them that there's a custody issue - it's irrelevant in this situation and would slow them down). If they police wouldn't come for some reason, then I'd run into the store and get the manager to help immediately. That would have the effect of solving the immediate problem (he would presumably page her to get her out there) as well as creating a witness.

Work with your attorney. If you're not getting the assistance you think you should, then you have the right to ask why he isn't taking a particular action. If you're not satisfied with the answers, then find an attorney who will work with you.

naninTN

      Thank you so much for your help. I did not see the baby in the car myself or I know she would of had problems. We have 3 witnesses that saw her. The dad was at work and I wasn't home until a few minutes after it happened. Then she was on her way to Ohio, almost positive.We did call the police and cps, but they are so stupid down here. A week later she called her landlord(blocked call) and told them she has moved and to just throw her stuff away, because it would cost too much for a uhaul .
   That is what we was trying to get the attorney to do,( file for emergency) but he acts like he can't do it. That is crazy. Surely he can do something.
    We do need to report her to missing children. Thank you so much!
 Anything else you can think of will be appreciated!

mistoffolees

>   That is what we was trying to get the attorney to do,( file
>for emergency) but he acts like he can't do it. That is crazy.
>Surely he can do something.

Talk to another attorney. Or, at least, ask your attorney why he can't file for an ex parte emergency hearing.