Skip to main content

My parents have custody of my son. He wrote the Judge a letter accusing my mother of physical and mental abuse.

Charlotte, NC |

I filed emergency custody and attached the letter. The Judge denied the emergency custody without even scheduling a hearing. What can I do now? I am afraid for my son. He has been hospitalized and placed in foster care due to my mother's abuse. She is 75 years old, has breast cancer and a terminal lung disease. The Children's Law Center is suppose to be acting as my son's guardian ad litem, which I thought meant "in his best interest". They have seen the letter he wrote, spoken with him and still are not doing anything. I do not understand why a Judge would leave a child who has threatened suicide and homicide towards his grandparents with the very same people. They were told not to take him out of foster care by the Judge but they did anyway. I can't get in front of the Judge until 7/2013

Attorney Answers 2

Posted

You may want to have your case reviewed and evaluated by an attorney that practices in the jurisdiction where your case is pending. There may be something defective with your pleading. A lawyer who practices in that jurisdiction may be able to give some insight as to what "moves" your particular judge under those circumstances. The law governing "Emergency Custody" is very narrow and the issues can be very complex; without more information--that is to say without reading the case file, it's difficult to form an adequate response. Good Luck!

Legal disclaimer: Gregory Hunt it a licensed attorney in the state of North Carolina and can be reached at 704-422-4185, Ext. 2001. Any response made by Mr. Hunt upon this message board should not be construed as legal advice nor does it create an attorney/client relationship. Rather, Mr. Hunt's posts are intended as general information about the topic in question and not intended for any specific purpose or use. One should contact a qualified lawyer in their locale for specific follow-up and/or advice.

Mark as helpful

1 found this helpful

3 comments

Asker

Posted

I am a member of Legal Shield and an attorney did review the emergency custody motion. She is shocked that the Judge denied it. I cannot afford the retainer for an attorney, and even if I could, I feel like it would be a waste. What I do not understand, and would find money for a retainer if I thought it would make a difference, is what exactly is considered an emergency if the child writes the judge a letter saying he is being "physically, mentally and emotionally abused". It is in my son's handwriting, written directly to a judge. I have never harmed my son in any way and there has never been any proof of anything that I have been accused of- ie. selling drugs, taking him out of school (brought his report card to court ;he was making all A's & B's and had only missed 1 day out of three quarters/never late), trying to kill myself, teaching my child how to kill himself, etc. I have medical records from Behavioral Health from my son's 7 admissions where he told doctors and social workers that he was being abused & that his grandfather is an alcoholic. It also states that my son was removed from his grandparents house and placed in foster care (DSS is not involved). The judge told my mother that if she removed him from foster care he would be "one pissed off judge". Also the judge has changed from Judge Hoover to Judge Henderson- I have never been before Judge Henderson, but that is who denied the emergency custody. I have the handwritten letter from my son telling the judge his grandmother has lied about me and is making his life miserable. That he wants the judges help. I love my son and only want what is best for him. I have not seen or talked to him since September 11, 2012. My son needs help and I don't know how to get it for him! Please, somebody help me help him. I am losing faith in our judicial system. Do I call CPS while I am trying to get back in court? Why didn't the judge schedule a hearing regarding the emergency custody? I don't know what else I can do and I am very afraid my son could harm himself.

Asker

Posted

One more thing...the Council for Children was appointed to be my son's guardian ad litem in Aug. 2012. I did share my concerns with them and also sent them a copy of the emergency custody motion and denial. Of course they cannot advise me since they represent my child, but I asked them and would like to know, shouldn't they investigate these claims? Aren't they suppose to be looking out for his best interests? I sent these questions to them in an email and they have not responded.

Asker

Posted

Very solid advice from Mr. Hunt. He knows family law and I am excited to hire him!

Posted

From what information you have provided, it appears there are many issues outside of a standard custody action. You may want to supplement your question by explaining the underlying custody matter. In the alternative, you may want to consult with an attorney.

Mark as helpful

1 comment

Asker

Posted

Thank you. I went to rehab in 2006 and while I was there, my parents went to court and got emergency custody. I have been trying since then to get my son back. My parents have never followed the visitation order which is why my son has been so angry at them. They went to the court last summer and told the Judge that I told him how to cut his wrists, which is ricdulous. The Judge modified the original order to give me supervised visits and no phone calls. At that time, he was already in foster care and my parents knew I was going to try and get custody back. My mother hates me. I just don't know what else to do.

Child abuse topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics