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Child Custody/Lawyer advice please....

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  1. Numskull21 Numskull21 is offline

    Aberdeen, SD
    United States

    Posts: 1,022
    Joined: Jan 07

    Apr 5th, 2010 (4/5/2010 10:22pm)

    I just found out tonight that my ex-girlfriend is in jail on a felony drug charge along with her husband. I live about 400 miles away. My children are safe with my mother who lives in the same town as my ex. I have suspected for months that she is doing drugs and I have contacted child protection services about 5 times in the last 6 months. Every time I get a stupid fucken form letter saying that my concerns are unfounded. I will be contacting them in the morning to inform them of these charges but I doubt it will go anywhere. I have been out of work for two months until last week so I don't have money to spare for a lawyer. I have to get my children out of this horrible environment immediately. I have no custody arrangement so I don't think I can legally just go take them. Also even if I did, my ex has full custody so as soon as she makes bond she will have custody again. I am just really unsure what I can do if child protection turns their head like they always do. Am I able to be my own lawyer in this situation and file for full custody myself?
  2. fastfreddy9 fastfreddy9 is offline

    Englewood, OH
    United States

    Posts: 1,467
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    Apr 5th, 2010 (4/5/2010 10:23pm) in reply to Numskull21

    call a lawyer, they will tell you your options for no money
  3. jesterwords jesterwords is offline

    Posts: 20,674
    Joined: Jan 06

    Apr 5th, 2010 (4/5/2010 10:24pm) in reply to Numskull21

    GET A LAWYER!!!!!!!!!!!!!!!!!111111111111

    Trust me, just trust me, get a lawyer. Find a way to pay for it if you are broke, just do it. If you truly care as much as you seem to care, you will get a lawyer and get your kids, period.
  4. shallowcal shallowcal is offline

    Ann Arbor, MI
    United States

    Posts: 3,980
    Joined: Jan 08

    Apr 5th, 2010 (4/5/2010 10:26pm) in reply to fastfreddy9

    lot of free advice out there if you were to call around... i would try and use the internets to find a bunch of different laywers/services around your area to help you out. there are a lot of firms who specialize in handling the fathers side of custody and divorce battles.
  5. Mrs. Robinson Mrs. Robinson is offline frobacca

    San Diego, CA
    United States

    Posts: 1,468
    Joined: Oct 08

    Apr 5th, 2010 (4/5/2010 10:30pm) in reply to Numskull21

    agreed just call around and someone will give you sound advice.... gl and hope it all works out....
  6. pigalet42 pigalet42 is offline

    Matthews, NC
    United States

    Posts: 12,006
    Joined: Jan 07

    Apr 5th, 2010 (4/5/2010 10:32pm) in reply to Numskull21

    in this situation, i'd def try to lawyer up - it sucks and is shitty, but your kids' lives are at stake - wish you could sue child protective services - such bs
  7. sponge1430 sponge1430 is offline

    Bethesda, MD
    United States

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    Apr 5th, 2010 (4/5/2010 10:35pm) in reply to pigalet42

    survey saysssss........

    lawyer up homey
  8. MasturNate MasturNate is offline

    San Antonio, TX
    United States

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    Apr 5th, 2010 (4/5/2010 10:38pm) in reply to Numskull21

    best of luck with this situation
  9. DBo Fo Sho DBo Fo Sho is offline Taking advantage of Official Threads

    Scottsdale, AZ
    United States

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    Apr 5th, 2010 (4/5/2010 10:39pm) in reply to sponge1430

    sounds like a terrible situation for your kids, and like every1 ele has advised, get a lawyer, hope all works out well for u and them
  10. OMGitsBEAST OMGitsBEAST is offline

    IA
    United States

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    Apr 5th, 2010 (4/5/2010 10:46pm) in reply to DBo Fo Sho

    I don't know about anywhere else, but in iowa you can go file for a court appointed attorney for such matters as these...you have no money but your children are in a hostile environment...so all you do is go up to the clerk of courts tell them the situation, and they'll give you paper work and you can write down like 5 lawers that they'll send it to and one most likely will represent you. then you'll have representation homie
  11. Numskull21 Numskull21 is offline

    Aberdeen, SD
    United States

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    Apr 6th, 2010 (4/6/2010 2:30am) in reply to OMGitsBEAST

     
    Originally Posted by OMGitsBEAST View Post

    I don't know about anywhere else, but in iowa you can go file for a court appointed attorney for such matters as these...you have no money but your children are in a hostile environment...so all you do is go up to the clerk of courts tell them the situation, and they'll give you paper work and you can write down like 5 lawers that they'll send it to and one most likely will represent you. then you'll have representation homie

    Ihope this is how it is in SD because a lawyer is not an option for me unless I can somehow make monthly payments. If I wasn't paying 600+ a month for my ex's drug habit(child support) I could probably save money.
    Thread Starter
  12. wonglondo wonglondo is offline

    Amsterdam
    Netherlands

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    Apr 6th, 2010 (4/6/2010 4:42am) in reply to MasturNate

     
    Originally Posted by MasturNate View Post

    best of luck with this situation

    +1
  13. kidrockin kidrockin is offline cro magnon

    Yeniky
    Turkey

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    Apr 6th, 2010 (4/6/2010 6:55am) in reply to wonglondo

    you will most likely get custody if there is negligence by your ex so go get a lawyer
     
  14. jesterwords jesterwords is offline

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    Apr 6th, 2010 (4/6/2010 7:54am) in reply to Numskull21

    If she is in jail, you need to get a petition to the court (or whomever the administering agency might be) to review the payments. You may be able to get a public defender as mentioned ITT.
  15. Pker4Dummies Pker4Dummies is offline

    Toms River, NJ
    United States

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    Apr 6th, 2010 (4/6/2010 8:04am) in reply to Numskull21

    I am going thru a similar situation. Most counties do offer some free family law consultation. Look around the internet and phone book and ask around at the county courthouse. Also this site is helpful, while it is no substitute for going to consult with a lawyer face to face, it can def help when used in conjunction...

    www.avvo.com

    And click Research Legal Issues.

    GL my friend.
  16. ECUgirl ECUgirl is offline

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    Apr 6th, 2010 (4/6/2010 10:03am) in reply to Numskull21

     
    Originally Posted by Numskull21 View Post

    I have no custody arrangement so I don't think I can legally just go take them.

    If you have no custody arrangement, you absolutely can just go get them. You are their dad and have just as much right to them as she does. You can also get an attorney and file for custody in the meantime.

    I worked for Child Welfare/CPS for years. I understand your frustration. Keep in mind that just because they are not able to find evidence of neglect doesn't mean it doesn't exist. Keep on reporting it and don't give up. It will eventually come to light if there is a problem. It's unfortunate, but there are a lot of people who make false allegations against their exes out of spite or whatever, which causes problems for people who have legitimate concerns. Realistically, though, DSS can't just take someone's word for it, they have to have concrete evidence to intervene. They aren't "turning their head", they just haven't found the evidence they need yet. Not to mention the fact that simply using drugs doesn't mean you are necessarily neglecting your kids. You probably are, but many people are able to use and still keep their kids fed, a roof over their heads, meet their other needs and not expose them to the drug use (at least for a time). They have to have concrete evidence that abuse or neglect is occuring before they can do anything and that is based on the statutes, not just the whim of DSS. Sorry for the ramble, feel free to PM me. There's a lot to it and I may not be explaining it very well.

    Good luck!!
  17. HelenRNurse HelenRNurse is offline

    United States

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    Apr 6th, 2010 (4/6/2010 10:14am) in reply to ECUgirl

    Go online to www.familysolutionscenter.com

    I think that's the name.
  18. Mr Galt Mr Galt is offline sister-in-law's a ho

    Overland Park, KS
    United States

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    Apr 6th, 2010 (4/6/2010 10:38am) in reply to Numskull21

    what would you do if you needed $10,000 to save your life? do that and get the money to pay for an attorney.
  19. TheFirm53 TheFirm53 is offline

    Chicago, IL
    United States

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    Apr 6th, 2010 (4/6/2010 10:41am) in reply to HelenRNurse

    WOW, a HelenRNurse sighting!

    Sorry but I have no experience in family law. I would look to find a father's rights attorney in your area.
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