My son's mother is constantly threatening me with taking my son away from me. We have a custody agreement that we have never followed. I actually get to see my son more than the agreement says. When my son is "with her" he dose not actually spend any time with her. My son wants to live with me and I would love that. I can't afford a lawyer and I just don't know where to start the process. Any information, suggestions, or ideas would be greatly appreciated.
It sounds like you need to file a Motion to modify custody and parenting time (and perhaps child support). When you file, you will also want to file a Motion for "Status Quo" at the same time. This type of motion is a request that the Court continue the parenting plan you have been exercising over the last three months (instead of the current court order) while your case is pending. There will be a hearing on the status quo motion about a month (depending on your county) after you file the Motion. You should, at minimum, invest in a consultation with an attorney and ask for help completing paperwork.
My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: Shannon@GoodOregonLawyers.com
Family Law Attorney
You start with a meeting with a custody attorney. One appointment will give you far more information than trying to guess your way through. Good luck.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.