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stormiejo
Oct 8, 2011, 08:56 AM
I have joint custody of my daughter and all of the sudden he calls me yesterday she is with him at the moment and says he's at the courts and filling for full custody of her now he has a lawyer I don't I can't afford one this time and I think that's one of the reasons he's going for custody now because I can't afford one the case is special because my daughter is medically sensitive she was born at 24 weeks she is now going to be seven she needs ot pt and st every day which she gets at school it is built into her curriculum he wants to pull her out and put her into a mormon home school she needs as much scocial interaction she can get because she needs her peers I am very scared because I have taken care of her her whole life threw all the scary stuff and it is fustrating because he's only been a part of her life since she has been three and he seems to have all the power in the world can some one please help

JudyKayTee
Oct 8, 2011, 09:09 AM
Go to Court and ask for legal counsel. Why does he think you are unfit and he should have physical custody? What does your current Court Order say about physical custody? You say she is with him. Why isn't she with you? Or is this just a weekend visitation (or something similar).

If that is your daughter's photo that you posted it is a foolish thing to do. A responsible parent facing a custody action would most definitely not post the child's photo on the Internet. I'd remove it immediately.

ScottGem
Oct 8, 2011, 09:11 AM
You can't afford NOT to have an attorney. Shop around, you may find one who will work with you on a payment plan. Also, its possible, you can recover court costs from him.

You need to assemble your daughter's doctors to testify about your daughter's treatment needs and the need for social interaction. You need to assemble testimony about how good a parent you have been.

Initially you need to submit a petition in court Monday morning that your daughter requires special care that she receives at her school. And that she need to continue with that care while the court hears evidence on the father's custody petition. I would try to get either someone from the school or her doctor's office to either come with you or be available by phone for the judge.

stormiejo
Oct 8, 2011, 09:40 AM
The order says I have physical custody of her she is with him because I was sick and had to be in the hospital so if I get sick him and his wife get her for the time that I am there I think he may try to use my health against me but its not something that I can prevent it is just something that happens can he change her schools or anything before we go to court he dose still have to follow our old custody papers right so he dose have to bring her home on Monday right and I can't get to the courts her cause it's a holiday and every thing is closed so I have to go to the courts on tuse day is there a way to answer you priviatley here

ScottGem
Oct 8, 2011, 10:01 AM
First, there is no need to answer me privately. We prefer that discussions remain public. This is to your benefit as there are other members here who may be able to offer help.

I forgot that Mon is a holiday. This thing is, if he went to court on Friday, he may have gotten a temporary order to allow him to keep her until a hearing. Depending on whether he did get a temporary order and what it says will dictate whether he has to return your daughter on Monday.

If he doesn't return her on Monday, then you can try taking a copy of your custody order and asking the local police to come with you to recover her. But if he has a temporary order, he can produce that and the police's hands will be tied. I suspect he may have acted on Friday just because of the long weekend.

I know this is very trying for you, but it takes a lot for a court to remove an existing custody order. Based on what you have told us, I don't see that happening.

marybethNH
Oct 8, 2011, 11:36 AM
You need to call a lawyer immediately. I used KD. He was great about working with me on a payment plan. His phone number is >REMOVED< Do not wait. Call a lawyer immediately!

Marybeth

stormiejo
Oct 8, 2011, 01:57 PM
Thank you so much for all your help I really appreciate you reaching out

{Chat speak edited. Please type in full words and sentences here.-<>}

stormiejo
Oct 19, 2011, 11:43 AM
The courts do not do leagal counsil for family law I'm trying to find a lawyer any sugestions feel free to email me with any I'm desperate at this point

JudyKayTee
Oct 19, 2011, 12:22 PM
Scott has advised you that "we" CANNOT and DO NOT answer off the Board.

Have you obtained the necessary records, filed a Petition, done anything to get this moving?

ScottGem
Oct 19, 2011, 02:41 PM
Try contacting a local law school. Many have free clinics to help you prepare.

stormiejo
Oct 19, 2011, 03:07 PM
Thank you