desperately looking for advice on my child custody issue.

Vern - posted on 12/15/2013 ( 3 moms have responded )

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I am in the process of filing for physical custody of my 2 year old son. Me and his father are un married and have separated after a 5 year relationship. He has began using methamphetamine and was physically abusing me, which is why I took the Kids and moved out. We have one child together. I am holding my son from him until we get to court because of his drug abuse. He has gotten very hostile with me and threatens me on a daily basis. My custody papers are taking long to get finished, and he is becoming more and more angry and aggressive because I won't allow him to pick up our son. We have been separated for 2 months now. He was picking our son up at the beginning of our separation but his drug abuse had gotten worse. And he has been involved in gang activity. I fear for my son's safety and will not let him pick up my son. The last time I let my son go with him he threaten to kill himself while I son was asleep. I called the police and they allowed me to get my son and bring him home. My concern is this, my son's father is saying I'm going to get in to trouble for keeping him from his son like this. Can I get into trouble by the judge once we get to court and the judge finds out I've been keeping our son from him? I feel like I have good reason not to send our son. Is there a possibility that I will get into trouble by keeping him from his son until this is settled in court. I'm very worried that the judge will be angry and that it can ruin my chances of getting custody.. please give your input.

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Elaine - posted on 12/16/2013

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Until there is something court ordered I'm pretty sure you don't have to turn over your child to him in texas it would be considered child indangerment since you are aware of his drug habits. I'm praying for you and fight for what's right.

Vern - posted on 12/15/2013

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Thank you Evelyn. But I do not have a lawyer. I have many incidents that involved that police but they never seem to want to write police reports. I'm going to look into a restraining order. I am also going to call the police department and ask for proof of all the 911 calls placed by me because of him. I am also going to request a drug test when we get to court. Other then that I have text messages from him indicating he is involved in situations that put him in danger, which is another reason why I fear sending our baby with him. I'm just in a tough situation. He scares me. And is determined to hurt me or someone in my family. How am I supposed to send our son with him when all this is going on. I'm very worried.

Ev - posted on 12/15/2013

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All I can say is that it will depend on the judge you get and the other circumstances in your case as well. What you do need is some documentation such as police reports, restraining orders, or other documents that show he is a drug user or has been in trouble with the law over this and witnesses who know first hand what is going on. Basically, right now, I am not sure what you two are supposed to be doing about visitation since its in process. But the judge will take things under consideration. Also why has not your lawyer told you that you need proof of the drug abuse? That is my question to you. Also, this is going to be a he said/she said situation unless there is proof shown. I would go speak to your lawyer about this.

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