
10-08-2009, 06:49 AM
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| Senior Member | | Join Date: Nov 2006
Posts: 3,504
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Quote:
Originally Posted by girlieracerk Hi guys! I really need some help for a friend of mine. She lives in NC and her ex husband came for KY to her house and served her papers. He told her it said if she had her own place in six months then she could have her son back. (First of all I don't see how living with someone else would be harmful to her son). He kept pressuring her and yelling and told her if she didn't sign the papers then she'd never see her son again. So she signed the papers. The papers actually granted the ex full custody of the kid. The kid is 12 and the ex won't let the mom see her son, even though the papers say she has visitation. He abuses the kid and abused the mom in the past and threatened her if she told. So what we know so far is that she needs a legal aid lawyer in KY to talk to and figure out how to get him back. The kid is not in a safe environment, he's living in a garage. I have more information but I don't want to post it all on here. Feel free to ask questions though. Please people help us out!!!
Thanks so much. | First of all, if someone , even an ex shows up at your house screaming at you, you don't sign papers---you call the police and they go to jail. Asserting she was FORCED to sign in her own home while he was screaming at her is ridiclous----call 911, end of problem. Making that assertion makes her look stupid and inept------don't try to make that assertion in court.
Secondly, why did she leave her son behind in the first place? When the go for custody, that will not be in her favor. And yes, shacking up when you aren't married CAN and DOES affect not only the children, but also can impress the court unfavorably. You say the man abused the mom then you state the kid is 12 and she left him WITH an abuser? All these allegations are NOT painting the mother in a favorable light. I am sure there is so much more to this story---and I'd be interested in what the FATHER says are the reasons for her leaving and leaving the kid behind to move to another state and shack up. The abuse card is one that is a favorite of every woman who is building a case for custody. Sadly, no one really listens any more----and I'm betting she NEVER had the dad charged, police reports were never filed-----the fact she LEFT the kid with him and he has never been criminally charged indicates this the abuse allegation in this case is just that. An allegation---it doesn't help your friends position at ALL---in fact it reflects poorly on her for her to stay she knew the guy was horrible and abusive but she never had him arrested or jailed AND she leaves her kid with him and goes to another state. Naa............that isn't a card I'd play.
ANY way--the GOOD news is, it is absolutely immaterial WHAT she has signed. The two of them, the biological married parents cannot TERMINATE or restrict each others rights regardless of what papers they sign, notarize, etc. THE POINT IS only a COURT can restrict the fact that BOTH parents have 100% right to the child UNTIL a court (NOT notarized papers drawn up) says so. |