2/2012 - Our son (22 months old) was born out of wedlock. I signed Acknowledgement of Paternity and am on his BC. We lived together as a family raising our son together.
10/2014 - Before she deployed, we agreed to let the GP come and take our son back to NC and watch him, so me and fiancee could spend time together.
11/2014 - Fiancee finally deploys. I fly to NC and stay with my Aunt.
12/25/2014 - Christmas day, I go see my son at the GP house. Once inside, the GP's tell me I can't take my son anywhere. I pick up my son, take two steps, the entire family grabs me and rips my son from my arms twisting his body. I let go, call cops, but don't press charges. Cops refuse to get my son out of house, says its a civil matter.
12/31/2014 - Served with child custody/ Ex parte from fiancee.Since our son was born, I was a stay at home dad. Son was in daycare, as well as home with me many days. The last few months before fiancee deployed, we took our son out of daycare, and I watched and cared for him daily while she went to work. Fiancee canceled our joint credit cards 4 days after the Christmas incident, and now I am very low on cash. What are my options in this situation?
If they filed an ex parte emergency order then you want to hire an attorney and fast since you'll be in court very soon for a hearing about that order. If you fail to appear for a hearing on temporary custody than it can have dire consequences moving forward.
You need to hire an attorney. You have a paramount right to custody over the grandparents. They would have to show you are unfit or have abandoned the child.
You need to hire an attorney immediately since an action was filed against you to best protect your rights to your child. There are time limitations that must be followed. Avoid contact with her and the family until you hire a lawyer and know your rights.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline