as i said my sons father has temporary sole custody also due to my absence on the date the court issue the matter. At the time in which he process the application i had moved from jersey to ny(same state which he resides) i wasnt aware of this since i didnt receive the mail. how can i get custody of my son back, i am no longer involved with my ex partner, but i am worried of what all this might cause that might deny custudy...
The situation you've described above is far too complex and unclear to elicit a meaningful response in this forum. There are certain to be many relevant facts and circumstances that are simply too private to discuss online, and you should not attempt to do so. Your best course of action is to contact a local attorney as soon as possible for a confidential consultation. This way you'll be able to review the case history, and fully explore all your rights, options and obligations before you do anything else. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: [email protected] All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
This is a classic example of how life is bigger than the law. The typical mother goes to family court, gets custody and child support. She commences life with the child until the next boyfriend moves in. The boyfriend is a walking disaster area and the mother is accused of the abuse of the child by the boyfriend. Daddy files a petition to flip custody to protect the child and gets a temporary order of custody. Mother was successfully outmaneuvered.
Many fathers maintain a perpetual string of family court petitions. It is not uncommon to see a half dozen docket numbers and follow-on years of litigation all involving the same child filed in one court. One possibility of incessant litigation is that mom may miss a court date and lose custody if the daddy's allegations about the safety of the child are serious enough and the judge believes the daddy.
While I totally agree with you retaining a private attorney who knows what he is doing, you cannot sit around and allow that temporary order to fester. If one year has already passed, you may have already lost custody. The judge will enter a permanent order of custody to the daddy because moving the child back to you will not be in the child's best interests (disrupted schooling, facilities, providers and so on).
I am sorry to hear the follow on love did not yield flowers, but you have a heavy load to tote with this daddy and child to restore your credibility with the court, vacate that temporary order of custody and resume being the primary caretaker of your child. Just as a plumber cannot perform open heart surgery, so a lay person cannot be one's own lawyer. Start googling now.
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