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    littlemama's Avatar
    littlemama Posts: 2, Reputation: 1
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    #1

    Apr 24, 2007, 04:13 PM
    How to go about getting custody
    I Am A 26 Year Old Female In Need Of Help To Go About Getting Custody Of My Five Year Old Son. A Year And A Half Ago I Was In A Very Abusive Marrige I Was Getting Ready For Baby Three I Was Due In Jan In Nov My Husband Had One Of His Fits Or Spells And Grab Med By The Neck And Throw Mr Down The Stairs I Lost The Baby That Night He Showed Up At My Moms With The Police To Pick Up Our Other 2 Kids So My Mom Only Had To Give Him One By Law Other Not His So My Son Had To Go To His Dads With Him Scarded Cause He Hurt Mommy During This Time In The Hospital Having A To Start Labor To Get The Dead Baby Out He Went Down And Filed For Full Custody While Redcoving From This He Came To The Hospital And Had Me Sign Papers For Are Sons School Well After I Read Them I Signed Still Thinking There For The School Then He Had The Police Deliver Custody Paper To Our House Where He Told Them That Was The Last Place He Knew How To Reach Me . Big Lie And Stoll My Son From Me Then From Then Till Know I Can't Have Anything To Do With My Baby. I Lost Both My Baby's At The Same Time:(
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Apr 24, 2007, 08:52 PM
    You hire an attorney and sue in family court

    But I have to say , he threw you down a flight of stairs, and you did not call the police when he came to see you in the hospital ? And why did he not go to jail for that ? That should be murder or manslaughter of the unborn child in every state I know of.
    Bluerose's Avatar
    Bluerose Posts: 1,521, Reputation: 310
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    #3

    Apr 25, 2007, 01:15 AM
    I hope you will try to give us some more details here. I am in shock!
    momtofour's Avatar
    momtofour Posts: 48, Reputation: 16
    Junior Member
     
    #4

    Apr 26, 2007, 06:24 AM
    My husband was drunk one night and placed a plastic bag over my face and started choking me. He did this while our 2 month old child was in the bassinet at the end of the bed. I called the police, had him arrested, and filed for an immediate restraining order. This restraining order is still in place and he is facing charges of attempted murder. There is no place for that in anyone's lives.

    Why did you not call the police when he threw you down the stairs? Without charges there is not record that the incident ever occurred. Hire and attorney and see what he/she has to say.
    47yo's Avatar
    47yo Posts: 20, Reputation: 2
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    #5

    Apr 26, 2007, 11:34 AM
    If you can't afford a lawyer, you can file a restraining order on your own. What state are you in? You can go to the courthouse - they usually have some self-help references and there are domestic violence agencies that will help - usually for free. And usually it's not necessary to have a "record" (police report, or whatever), although they certainly help. Did you tell the hospital how you fell down the stairs? Most states have mandatory reporting of that kind of thing.

    Anyway, you may be able to ask for custody in the restraining order. I'm not clear on whether you signed papers sayign he could have custody of your son, but if you did, you may be able to file a motion to set that aside based on fraud, duress, etc. But go to your local courthouse and see what free/low cost options are available to you.

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