last year I was given custody of my son who 7 years old. his mother left him behind an attempt to move to Puerto Rico.now that I have custody of my son his mother all of a sudden wants him back it's been 2 year's since she's returned. she is unemployed and and receives welfare. I am not.and she also has a 5 year old daughter. I have a court date coming up next month and she's trying to move next to me so that she can keep our son in the same school district. There is the history of her being involved in domestic violence with the 2 previous men .she recently attack me in front of our son to the point that I had to put a restraining order on her and she's always constantly moving. I'm just not sure what to do here. will I lose custody of my son? joint custody will not work
Family Law Attorney
Nothing in your posting suggests you will lose custody. Generally speaking, the courts favor maintaining the status quo, and thus, the mother would have to prove a good reason to change the current arrangement. Nevertheless, it is still VERY important for you to get local legal counsel to assist you because not putting your best case before the court could cost you custody. Good luck!
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Personal Injury Lawyer
It must be so stressful for you and your son to be going through this. Does she have parenting time? Is the court date her motion for custody? She has the burden of proving there has been a change in circumstances which significantly affect the best interests of your child. It doesn't sound like she has met this burden. Good luck.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
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Criminal Defense Attorney
You need to speak with a lawyer who can review the facts of your case in person and discuss with you confidentially about child custody and how your case will likely turn out. You need to do this prior to your court date. These cases are often emotionally charged and the fact that there is incidents of previous domestic violence can complicate this case. Other questions to address include: What kind of custody arrangement exists now? Is there a TRO or FRO issued? Good luck in Court and speak to an attorney ASAP even if you don't retain one so you have a sense of what direction your case is going.
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Divorce / Separation Lawyer
I don't see any reason that custody would be changed based on what you've said, but, as has been previously said on topics of this level of importance .... some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category. I can't strongly enough suggest that you meet with an attorney and go over your case and what to do. I'm not one to punt every question here with "get a lawyer". but think of it this way: If this were a medical questions site and someone asked what the proper dosage of Tylenol for a 180 lb man is, it could be answered quick and clean. But - if someone posted a question saying they had severe chest paid radiating down their left arm... you'd say "get to a professional ASAP." You're asking a question here that's the equivalent of telling a doctor you have chest pain. The stakes are too high here to skip at least getting a consult with a professional.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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