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Do I have any chance of getting full custody if I can't afford an attorney?

Metairie, LA |

I've been in an abusive relationship. The police were involved several times. My babys father has been charged with domestic violence by stangulation, assault, marijuana charge and violation of a restraining order. We have a 4 month old daughter. The restraining order doesn't end until September 2014. On August 1 of 2013 he cut his self because the baby and I were moving out . The police were involved, he lied and said I cut him. I was charged with domestic abuse and child endangerment. He filed for temporary custody. His name is not on the birth cerfiticate and the baby has my last name. My question is, Do I have any chance of getting full custody? He is a danger to my daughter and I . He has an attorney , I don't. I have a full time job, and stable home to live in.. He is not working.

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Attorney answers 2

Posted

The facts may ultimately support you gaining sole custody, but your chances diminish greatly if he has an attorney and you do not. The fact that you were also charged with domestic abuse and child endangerment are going to cause you problems - I hope you hired a criminal lawyer to defend you because if found guilty not only will you have to deal whatever sentence is handed down, but it will weigh heavily against you in the custody case.

When it comes to representing yourself the judge will give you some leeway when it comes to legal procedure and evidence, but you'll still have to comply fully with the law when it comes to putting on your case. I have to say, then, representing yourself with charges against you when your baby's father has an attorney would be like taking a knife to a gun fight. Also, the fact that he is not working but has hired an attorney while you work full time and have not is confusing - in light of what you're dealing with I hope you can find the resources to hire an attorney.

This response is not intended to create an attorney client relationship and is based on the limited information available at the time of the response. Before acting on anything stated or referenced in this response you should consult with an attorney of your choosing and go over the specific details of your legal circumstances.

Asker

Posted

Thank you for the advice . The reason he has an attorney is because his mother paid for one. I just recently started working and have not received my first pay check. I come from a very poor family. Thank you again.

Asker

Posted

Thank you for the advice . The reason he has an attorney is because his mother paid for one. I just recently started working and have not received my first pay check. I come from a very poor family. Thank you again.

Posted

I agree with attorney Mitchell. But if resources are your only issue, try the local legal aid office. You will have to pay something though, especially related to the criminal charges.

<<DISCLAIMER>> Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually (and in some instances jurisdictionally) dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel IN YOUR AREA. A response is not intended to create, nor does it create, a continuing duty to respond. Also, Ms. Eskinde is licensed in Louisiana, so if you require immediate assistance, then you need to contact someone who is in your state, if outside of Louisiana.