Child Custody Issues.. Opinion and HELP please????

Kayla - posted on 09/07/2012 ( 9 moms have responded )

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My sons father and his grandmother went behind my back in November 2011 and filed for custody and visitation of my son and lied on the paper saying they had no clue where I was and how they didn't even have a phone number to reach me on. I left Virginia in October 2011 to go and check out chicago to see if I wanted to move there with my son so I wrote up an agreement with my sons father and had him sign it since I know that his family and him are sneaky the contract stated that they knew that I was trying to get established in chicago and that my son would spend half of the week with me and my mom and the other half of the week with my sons father and his mom and the contract gave me six months to get established there in chicago before I moved my son down there. So I decided that I didnt want to live in Chicago and i came back in December or January and I have had my son Full time the whole entire time... Also while i was in Chicago I was sending home money to my mother and my sons aunt on his father side to prove that I was still finacially taking care of my son and I came home on 2 or 3 occasions to visit my son and for his birthday and i also skyped and oovoo with him as much as I possibly could. On September 2nd 2012 I told them that I was going to be moving to Florida with my family and for them to spend as much time with him as possible before I left so I let the grandmother and aunt pick him up and on September 4th when i went to get him they wouldnt give him to me saying they have full custody of my son so I call the police and they tell me to go to civil court. I went up to the court and sure enough the grandmother and my sons father lied and said they didn't have a phone number for me and they didn't know my address and the court granted them custody since I could not be served. I filed a petition to get him back that same day explaining how i have been taking care of my son this whole entire time and that they lied about my whereabouts. I also never allowed my son around my sons father without supervision because he is on probation and he is a crack cocaine abuser. I went to the courthouse and started digging into his criminal background and his probation and my son father has popped dirty for cocaine multiple times while on probation ( two of those times he popped dirty was after he got custody of my son on March 2, 2012) He was arrested multiple times on probation before he had my son and after he got custody of my son for possessing a firearm, for driving without a license/ revoked license, for driving while drunk with no license/ revoked license, and just a bunch of other stuff... He has a hearing coming up for revocation of his probation September 17 th, 2012 because his probation officer feels like he is not coping well in the outside world and would do better in jail and on top of his multiple arrest he also is not going to his drug classes. I feel like I have a strong case against them for lying and for all the stuff my sons father is going through with the courts if they think he is not functional enough to the point where they are putting him to trial for revocation and suspension of his probation then this judge has to see that he is not fit to be a parent??? Me and him have had domestic violence case before as well. He would of never got custody of his son if his mother didn't help him saying that she would financially help and let her son live with her. I don't understand how she can enable a violent person and a drug abuser I know that's her son but how could you possibly do something like that and smile in my face. All of her children are on drugs and aren't doing anything with their lives the grandmother herself was a alcoholic until she found out she had diabetes I refuse to let my son grow up like that. They allowed me to visit him yesterday I recorded the whole session and when I left the house my son was screaming and begging to come with me. My son is 2 years old by the way and then today they dropped him off to me at my house and then they are going to pick him up around 830 pm I don't want to give him back but I have no choice because I want to go the legal route and don't want the father calling the cops on me if I don't give him back... I cannot wait till my sons father goes to court on the September 17th I will be sitting there hoping and praying that the judge is done giving him chances and will send him to jail...

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Lacye - posted on 09/07/2012

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Yes. Save all texts, e-mails, and answering machine messages from him. They can be used in court as long as they pertain to the case. As for that text, I'm not sure but it's possible they will be able to use it in court.

Kayla - posted on 09/07/2012

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my sons father also text me when i found out about the custody and said if "I can't leave VA then nobody can leave I guess we all gonna be stuck here it sucks but thats life" He is on probation and can't leave the state so he trying to hold me and my son back from having a better future.. Can I also use this text message in court?

Kayla - posted on 09/07/2012

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Wow... Well even if legal aid doesn't do what they are suppose to I will gain as much knowledge as possible to win my case on my own if I have to because I can't afford a fancy lawyer.

Lacye - posted on 09/07/2012

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The Facebook pictures are really going to help you with your case. When my husband's lawyer was talking to us about getting custody of my SD, he told us to take printscreens of what BM put on Facebook that could help our case and to also do the printscreens of pictures on her Facebook. I wish you luck because my hubby went through legal aide and they have been jerking us around for almost 2 years now about our case. Stay on top of them people. Call the legal aide number every week if you have to. Otherwise, you are going to end up in the same boat that we are in.

Kayla - posted on 09/07/2012

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Yes I have a receipt that i sent my mom but i can't find the others so i called western union in hopes that they keep records of when i sent money and they said yes but it would take 21 days or so to get them plus they still haven't answered my email requesting the receipts.. And I have the original agreement that me and him signed about our son... I hope that my agreement with him will be enough for court. I also took pictures off of his facebook of him wearing a bullet proof vest and having drunken nights and alcohol posted on his facebook when he is on probation and suppose to stay away from that stuff so I hope it all works out in my favor plus in the ruling the judge said that she awarded him custody without prejudice to me because I wasn't able to be served...

Lacye - posted on 09/07/2012

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From the sounds of it you have a strong case against him. As long as you have receipts from when you mailed off money orders to prove you were sending money home to help with your son, documentation of when you came home to see him or talked with him over the internet, I don't see where they can keep your son away from you. Especially with your ex's past history with violence and drug use.

Kayla - posted on 09/07/2012

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Yes they are this is the same issue and I already applied for a legal aid and they are setting me up with one now. I'm just trying to get as much info as possible

Dove - posted on 09/07/2012

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Get a lawyer cuz if I remember correctly this is the same guy who isn't on the birth certificate and didn't have a paternity test, so if you live someplace where he could currently have your son withOUT proof of paternity..... you need a lawyer and you need one now.

Kayla - posted on 09/07/2012

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I also attended my sons grandmothers wedding in February before the court case and my sons father and his mother never updated their information and notified the courts of my information because they know if I wen to court they would of never gotten custody...

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