I am currently in an ongoing custody battle with my sons father. I am a recovering addict from prescription pills, and overdosed in 2009. I moved back in with the father last year, he got me to sign some bogus papers giving him primary,we have joint custody, no child support from either parties, and the 3rd paragraph said that I was clean and sober and in recovery. I thought that we working things out and the papers were irrelevant once we decided to be together. I was pretty much bamboozled and exactly 10 days after the judge signed off on papers, he and his family kicked me out on Thankgiving Day and he would not let me see my child. I tried to take him to court immediatley, but that turned out to be a bunch of debachary. We didn't even present in front of a judge.
You did not say how old your son was, and why you would give primary custody of your son to his father, obviously without any legal advice. You must have been in a very bad situation with your addiction. Apparently, you then went to court without an attorney, even after it was obvious that you were deceived by the father. You are not "currently in an ongoing custody battle" as you stated. I appears that it is over, and you lost. Now, you are seeking legal advice? Have you had an attorney during any of this?
If you have not yet had legal consultation, you should do so immediately to determine if there is anything that can be done to remedy this situation. However, there is not sufficient information at this time to make that determination.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
A mother who is recovering still has rights. The court wants to see an effort to change as well as evidence of change. However, depending on what transpired, what agreements were signed, who approved them will determine your approach to reaching a resolution.
If you tried to go back to court and did not have representation or even get to present your case to a judge, it is obvious that the proper steps were not taken. The only way to tackle this problem is with the help of a competent attorney. You have rights and having adequate representation will help ensure that you get them. Going to the court by yourself and displaying attitude with the court and its employees will get your absolutely no where and will hurt your cause. Hire an attorney.
This response does not create an attorney client relationship nor should the advice be relied upon because it is not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.
Your question has a lot of missing information and instead your conclusions. The answer to the question is "Yes ... but ...". A more complete answer would concern knowing: (1) the child's age and gender; (2) your ability to financially support yourself and the child; (3) extended family that are willing to help you; (4) what was before the Court and the Court's ruling; (5) your medical history and diagnosis; (5-100 +/-) a lot of other factors ...
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