Can I use a Rule Nisi when I file for legitimation and custody?...Will this help me get temporary custody quicker?

Asked about 1 year ago - Waynesboro, GA

I am about to file for legitimation and custody of my son son who has been in my sole care until 5/13 when his mother made me bring him back by attempting to charge me with kidnapping which she couldn't (only violation of custody*despite us not having a custody agreement*) I have been his sole provider from birth to 5 yrs old his has lived solely under my roof and the mother is bi polar manic depression and has stopped seeing her psychologist and psychiatrist(she has gotten so bad that she needs both). This places my son in harms way and she also uses marijuana and drinks.

Attorney answers (2)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Before you screw up with a pro se case, you NEED a lawyer. Do NOT file pro se!

    Since you have not legitimated the child, the mother had sole custody and you had to return the child (and could have been criminally charged). You should have hired counsel in May and not delayed.

    A rule nisi is simply a scheduling of a court date. That may or may not be appropriate in your case, as different courts set court dates differently, but I suspect what your lawyer will actually do is to file for legitimization and custody and seek an emergency order or emergency temporary hearing.

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  2. W. Phillip Mccurdy

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You are on VERY shaky ground. Since you have never legitimated your son, you have no legal standing to keep the child. You need to file a legitimation and custody action immediately and you need to request an emergency hearing. Filing a Rule Nisi is merely requesting the court to set a hearing date. Although you are legally entitled to represent yourself in such an action, the court is unlikely to seriously consider the case without a lawyer being involved. There are some things you can do for yourself. Custody is not one of them. I highly recommend that you contact counsel to assist you.

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