Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Mentally abused want to live with my mom (https://www.askmehelpdesk.com/showthread.php?t=232277)

  • Jun 30, 2008, 07:36 AM
    N0help4u
    Worry about that if 'n when the time comes. You have enough to deal with for now.
  • Jun 30, 2008, 07:38 AM
    ddotraisin
    Quote:

    Originally Posted by N0help4u
    Worry about that if 'n when the time comes. You have enough to deal with for now.

    My mom just said that she might be getting the emergency custody order today and getting me
  • Jun 30, 2008, 07:50 AM
    ddotraisin
    Quote:

    Originally Posted by ddotraisin
    my mom just said that she might be getting the emergency custody order today and getting me

    If my mom gets me today then I don't know what do do can I still get an emergency custody order if it was court ordered for me to live at my dad's
  • Jun 30, 2008, 07:52 AM
    N0help4u
    Why don't you ask your mother if they gave her any papers ordering custody to him?
  • Jun 30, 2008, 07:52 AM
    JudyKayTee
    Quote:

    Originally Posted by ddotraisin
    thank you but what if it's court ordered that i need to live with my dad thenwhat do i do?


    If it's Court ordered then your mother asks for custody - that's what the emergency hearing is for. If after the hearing you are ordered to live with your Father you do that and everybody goes for counselling. If it's an agreement between the two of them you can pack up and go to your mother's right now because there is no formal custody arrangement and both parents have equal rights.

    You didn't answer me - how did a broken window lead to a change in custody - ?

    And as was said above, the fact that your mother was involved in an abusive situation with your father, even got a restraining order and then allowed you to live with him is not going to help her side of this.

    The best you can do is wait for the hearing date, do whatever it takes to stay safe (go to your mother's once she has FILED for a change in custody) and tell the truth at the hearing.
  • Jun 30, 2008, 07:56 AM
    ddotraisin
    [QUOTE=JudyKayTee]If it's Court ordered then your mother asks for custody - that's what the emergency hearing is for. If after the hearing you are ordered to live with your Father you do that and everybody goes for counselling. If it's an agreement between the two of them you can pack up and go to your mother's right now because there is no formal custody arrangement and both parents have equal rights.

    You didn't answer me - how did a broken window lead to a change in custody - ?

    And as was said above, the fact that your mother was involved in an abusive situation with your father, even got a restraining order and then allowed you to live with him is not going to help her side of this.

    But I can't get an emergency custody order because my mom just said it was court ordered that I have to live with my dad
  • Jun 30, 2008, 07:59 AM
    ddotraisin
    Quote:

    Originally Posted by JudyKayTee
    If it's Court ordered then your mother asks for custody - that's what the emergency hearing is for. If after the hearing you are ordered to live with your Father you do that and everybody goes for counselling. If it's an agreement between the two of them you can pack up and go to your mother's right now because there is no formal custody arrangement and both parents have equal rights.

    You didn't answer me - how did a broken window lead to a change in custody - ?

    And as was said above, the fact that your mother was involved in an abusive situation with your father, even got a restraining order and then allowed you to live with him is not going to help her side of this.

    The best you can do is wait for the hearing date, do whatever it takes to stay safe (go to your mother's once she has FILED for a change in custody) and tell the truth at the hearing.

    I'm going to have my mom get an emergency custody order then wait at her house until the hearing
  • Jun 30, 2008, 08:00 AM
    N0help4u
    She still may be able to but she will have to possibly go about it different.
    Are you allowed to stay with her for days/weeks?
  • Jun 30, 2008, 08:01 AM
    JudyKayTee
    [QUOTE=ddotraisin]
    Quote:

    Originally Posted by JudyKayTee
    If it's Court ordered then your mother asks for custody - that's what the emergency hearing is for. If after the hearing you are ordered to live with your Father you do that and everybody goes for counselling. If it's an agreement between the two of them you can pack up and go to your mother's right now because there is no formal custody arrangement and both parents have equal rights.

    You didn't answer me - how did a broken window lead to a change in custody - ?

    And as was said above, the fact that your mother was involved in an abusive situation with your father, even got a restraining order and then allowed you to live with him is not going to help her side of this.

    but i can't get an emergency custody order because my mom just said it was court ordered that i have to live with my dad



    Your mother APPLIES for an order that custody be changed; she APPLIES on an emergency basis. As I have explained the Court will take a close look at the situation and then make its determination. It won't be today.

    If custody was ordered to your father you cannot simply walk out the door - he can and will try to get you back, charge your mother with custodial interference.

    Your mother has apparently been through this - she should know how it works.

    Again - how did a broken window end up with a change of custody? Why did custody go to your father?

    I am beginning to think "we" are not hearing the whole story - it is beginning to sound like you get into trouble at your mother's house so custody was changed to your father and now you aren't happy there (or are in trouble over texting or something) and want to go back.

    The Court may not be sympathetic - they chose the best situation for you once and they aren't going to revisit it every 8 months.

    I don't mean to sound unsympathetic and I'm sure you're in a bad situation but something has to be missing here -
  • Jun 30, 2008, 08:02 AM
    ddotraisin
    Quote:

    Originally Posted by ddotraisin
    i'm going to have my mom get an emergency custody order then wait at her house until the hearing

    And I broke a window so my mom thought that my dad would teach me dicipline
  • Jun 30, 2008, 08:03 AM
    ddotraisin
    Quote:

    Originally Posted by ddotraisin
    i'm going to have my mom get an emergency custody order then wait at her house until the hearing

    And I broke a window so my mom thought that my dad would teach me dicipline

    But I really need to know if I can get an emergency custody order because my dad's custody of me is court ordered
  • Jun 30, 2008, 08:03 AM
    JudyKayTee
    Quote:

    Originally Posted by ddotraisin
    and i broke a window so my mom thought that my dad would teach me dicipline


    Okay, there's the answer. Your mother felt she couldn't handle you and sent you to live with your father; now he is having problems with you.

    I think all 3 of you should go in for counselling and I don't think the Court is going to change custody.
  • Jun 30, 2008, 08:05 AM
    ddotraisin
    Quote:

    Originally Posted by JudyKayTee
    Okay, there's the answer. Your mother felt she couldn't handle you and sent you to live with your father; now he is having problems with you.

    I think all 3 of you should go in for counselling and I don't think the Court is going to change custody.

    No way he won't he said he doesn't like them it is court ordered that I had to live with my dad but all I want to know is if I can get an emergency custody order
  • Jun 30, 2008, 08:09 AM
    ddotraisin
    Want to live my mom emergency custody order
    My dad is mentally abusive to me talks about killing my mom and has pushed me I want to know if I can get an emergency custody order until the court date to get a restraining order on my dad
  • Jun 30, 2008, 08:12 AM
    ddotraisin
    Quote:

    Originally Posted by ddotraisin
    no way he won't he said he doesn't like them it is court ordered that i had to live with my dad but all i want to know is if i can get an emergency custody order

    My dad has no problems with me I don't do anything wrong here or anywhere anymore
  • Jun 30, 2008, 08:12 AM
    JudyKayTee
    Quote:

    Originally Posted by ddotraisin
    no way he won't he said he doesn't like them it is court ordered that i had to live with my dad but all i want to know is if i can get an emergency custody order


    Probably not, not with what you've said. If your mother is able to get the Court to listen to her filing and your father refuses counselling he will "probably" lose custody of you until he attends counselling so it might end that way.

    It's very difficult to get such a recent Court order overturned or changed, particularly when it's been such a short period.

    As I said - your mother has apparently been through this both with the protective order against your father AND the custody change. She should have an idea how things work.
  • Jun 30, 2008, 08:13 AM
    ScottGem
    YOU can't do anything as a minor. Your mom has to file the emergency custody order. She would also have to file for a restraining order.
  • Jun 30, 2008, 08:14 AM
    ddotraisin
    Quote:

    Originally Posted by JudyKayTee
    Probably not, not with what you've said. If your mother is able to get the Court to listen to her filing and your father refuses counselling he will "probably" lose custody of you until he attends counselling so it might end that way.

    It's very difficult to get such a recent Court order overturned or changed, particularly when it's been such a short period of time.

    As I said - your mother has apparently been through this both with the protective order against your father AND the custody change. She should have an idea how things work.

    Can I get a emergency custody order
  • Jun 30, 2008, 08:15 AM
    ddotraisin
    Quote:

    Originally Posted by ScottGem
    YOU can't do anything as a minor. Your mom has to file the emergency custody order. She would also have to file for a restraining order.

    I know but your saying that if I went with my mom today to the police and explained what he did she could get one
  • Jun 30, 2008, 08:16 AM
    ScottGem
    Most likely

  • All times are GMT -7. The time now is 04:37 PM.