Ask Me Help Desk - Costody issues

Ok I have a 5 year old severely food and medicine allergey autistic Son. He is in K and half day special ed. I am in a custody battle with his father who has not been around or heard from in 4 years. One day out of the blue I got a phone call from a family member saying the cops were there to get my child. He showed up with a temp costody order to get him. I told the cops the child's medical situation and he told me as long as I did not go to the house I was served at they could not take the child. Close call since I just left there 1 hour ago at that time. Ok earlier that day my husband and I went to a lawyer for adoption and had it set up to were we could start the process the nexted day. Well that fell through. I have been told now that he wants to be a part of this child's life he can stop this. So now I am paying to defend myself. We had to let the child go to the father for 8 hours on sat and sun. or they were going to take him till court. At court he got suppervised visits with the child. He has never had unsuppervised with him. It has always been ordered that way. He is 10,000 behind in child support, does not work, says he has filed for disablillty. Is at a sever level with the clinic ( visits) whichs is not good. He is fighting for full custody with nothing to do with me never see me again and everyhting. They live 2 hours from here. I want to know how a judge can sign an order for him to even get temp. costody. And do you think I should worry. I am a mother of 2 and am raising my 16 year old niece also. I work full time and go to school full time. What are his chances of anything here. My son is scard of him and does not understand.

I believe you need legal representation, asap. Your child's safety may be on the line. And no amount of money that you will have to pay to provide that safety will be enough. But make sure you aren't being "over emotional" and falsely accusing his father. It could back fire on you. Yes, he is a deadbeat. But more importantly he does want to see his child and be in his child's life. Why? Who knows? Maybe if he is not jeopardizing your child's safety and just wants to know his child? I don't know the whole story. I can only reflect on what has been written in your post. You are definitely in a tough spot. Maybe your child knows your concerns and is feeding you what you want to hear or reflecting what will be an acceptable answer for you to hear, pertaining to his visit with his father? I donno. But if you have concerns about your child's safety with him and can back it up, I would do everything in my power to prevent harm to him. Especially seeking legal counsel.

Quote:

Originally Posted by justme2

Ok I have a 5 year old severly food and medicine allergey autistic Son. He is in K and half day special ed. I am in a custody battle with his father who has not been around or heard from in 4 years. One day out of the blue I got a phone call from a family member saying the cops were there to get my child. He showed up with a temp costody order to get him. I told the cops the childs medical situation and he told me as long as I did not go to the house i was served at they could not take the child. Close call since I just left there 1 hour ago at that time. Ok earlier that day my husband and I went to a lawyer for adoption and had it set up to were we could start the process the nexted day. Well that fell through. I have been told now that he wants to be a part of this childs life he can stop this. So now I am paying to defend my self. We had to let the child go to the father for 8 hours on sat and sun. or they were going to take him till court. At court he got suppervised visits with the child. He has never had unsuppervised with him. It has always been ordered that way. He is 10,000 behind in child support, does not work, says he has filed for disablillty. Is at a sever level with the clinic ( visits) whichs is not good. He is fighting for full custody with nothing to do with me never see me again and everyhting. They live 2 hours from here. I want to know how a judge can sign an order for him to even get temp. costody. And do you think I should worry. I am a mother of 2 and am raising my 16 year old niece also. I work full time and go to school full time. What are his chances of anything here. My son is scard of him and does not understand.

OK I do have a lawyer who seems to think that he won't get anything he wants. But in a way I do want him to be a part of his life, but his mother is the one who from day one has tried to have him taken away from me. She use to be the one who would have to suppervise the visits with him till I found out she was not and that every time he was with them they took him to the er to try to get the doctor to say he was being abused. But they picked the wrong place because I had worked there before and they all knew me and would call me emediatly. They never got away with that. But since the father and grandmother called CPS on me so much he plans on using it when we go to court in Jan. but the thing is there they are the only one who ever called on me. And since we moved away to where he did not see him all the time he stopped calling them. If it was not for his mother right now he would not even be trying this. We also go to court some time in Jan for child support. Which I have been told he would probably spend some time in jail if he can not pay or have a job. He goes around telling everyone he has had custody for 3 years and has proof. But he does not and his lawyer knows this and knows he has no job and no money filed for disability and he is still try to fight. Well I found out he got married just to say that he has a income coming in, but this girl does not even have her own kids. I guess I just worry too much, I am a mother. We have tried to file harassment on him but that has fell through. He calls here everyday sometimes 20 times. He makes threats to us if we don't give in to his wants. He got mad due to the fact he could not see his son on christmas because he has to go to the clinic and will see him on wednessday. But I am not about to let him have a chance to run with him. I do let him talk to him and I do let him know about everything I even sent him pics of christmas. But that is all I can do. You just have to know this family. We are affaid that if he does get weekends he will take him and not bring him back. He lives 2 hours from us, I live in GA he live in TENN, so being in another state we are dealing with a different situtation then before. They will try anything includding liying.

justme, I don't blame you for being worried. I would worry, too. But what worries me is when you stated you will try anything including lying. You have to be very careful. I know a girl who lost custody of her child because she made accusations about her deadbeat x-husband molesting her child. After the child was evaluated by social services/CPS, the court found her at fault for making un verifiable accusations. And now she needs moderated visitation.
What I gather is that they are trying to control you. And the situation. What was the outcome with CPS? If it was in your favor, you can use they're objections in court against them. Or if CPS found any sort of abuse, it could hurt your case. Therefore, it is wise to consider visitation if nothing can be substantiated..