LegalMatch Free Legal Advice Forums  
Find A Lawyer Now!
Legal Forum
Go Back   LegalMatch Free Legal Advice Forums > Family Law Forum > Family Law Issues
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


  Find a Lawyer Now By Category:
  Family & Divorce Criminal Defense Job & Employment Personal Injury
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers
LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 08-26-2009, 11:43 AM
Junior Member
 
Join Date: Aug 2009
Location: Arkansas
Posts: 1
What can I do?

I have legal custody of my child. I allowed my child to stay with my ex-mother-in-law last school year due to financial issues I was dealing with. We had a notorized agreement that stated he would stay with her for the school year and I would be picking him up this summer. Well, when I called her to inform her that I was coming to pick up my son, she was agreeable. That was on August 02 of this year, on the 3rd she went to a lawyer and on the 6th I was served with papers stating that she was filing for emergency intervention because I was planning at that time to move to another county. My papers stated that we would be going to court August 31st, however, on the 12th, I got a letter stating that the court date had been cancelled because the judge already granted the intervention and awarded her temp custody until we go to court.
How is that fair to me that I get served the papers on the 6th and she gets the intervention on the 7th? Is there anything I can do to fight this? I know that I have to go to court and will be making arrangements with their lawyers (my ex husband is filing for custody and his mother is filing for custody in case the lawyer finds him unfit and if she can prove me unfit). Any and all help would be greatly appreciated.
*Edited to add...I live in Arkansas.*
Reply With Quote
Find a Lawyer Now!
  #2 (permalink)  
Old 08-27-2009, 11:25 AM
Senior Member
 
Join Date: Nov 2006
Posts: 3,504
Send a message via AIM to GentleGrace
You had no authority to leave the child with the mother in law. If the court order did not specify, your signing notarized statements agreeing to this or that is not legal. You are/were, in essence, in violation of the court order. Even if you had custody, you did not have permission of the court to make alternate custody arrangements. Your spouse, ex, or his mother capitalized on this and that is how they were granted temporary custody ( My best guess as to why).

The fact you were unable to care for the child is going to be difficult for you to overcome. The court may view it as in the child's best interest to remain where he was, where you left him. He isn't a puppy to be moved around---he is a human being that needs stability. This is not a criticism of you--- a lot of people fall on hard times. But not everyone leaves their children with someone else---even if the move was clearly in their best interest. You left the child where he could be cared for--that is to your credit. But the fact you needed to leave him in the first place is the hurdle you will now have to overcome if you are to get him back.

As a widow with seven children, I do understand your struggle. I wish you the best.

Good luck.
Reply With Quote
Find a Lawyer Now!
Reply

« Previous Thread | Next Thread »

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 03:25 PM.

County Lawyers | Attorney Search by City
DWI Lawyers | Estate Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers
Personal Injury Lawyers | Child Visitation Lawyers | Child Custody Lawyers
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Product Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.