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How can I get emergency custody of my son who was expelled from school and refuses to go back to his mother?
Mankato, MN
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Posted 8 months ago in Child Custody
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My son has witnessed his mother be abused by her boyfriend. She was told to go to a women's home or she would lose her son. The state would not turn him over to me because she has full legal custody of him. I have in the past two years received papers from the county stating she was under investigation for child neglect. He has no structure, no routine, and no rules with his mother. She lets him do whatever so she doesn't have to listen to him. He has recently been expelled from school for hitting and kicking teachers/other students. His IEP states he needs to go to a school that has the resources to help with his anger. He told me he doesn't want to go to any school in the state he lives in. So basically he wants to live with me and not his mother. What can I do? I live in Lake Mills, IA
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Answers (2)tk901
Posted 7 months ago.
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I would file an Order For Protection on his behalf based on the witnessed abuse. In it ask for custody. There is no reason why a judge should not grant it, but you will need to file it in the county your son's legal address is in and will have a court hearing approximately 7 days after the filing of the order. It would be a lot of traveling for you, but it will be worth it. I am going through approximately the same thing with my step daughter, only she was the one being abused and social services placed her back with her mother after her mother broke her collar bone. We filed an OFP and were able to obtain custody. Sometimes you need to bypass social services to do what is really best for your child. Good luck!
tk901
Posted 7 months ago.
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Also, make sure it is an Ex Parte OFP, this is an Emergency OFP and will give you custody immediately until the court hearing.
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