I don't know what my sons mother went too court for, I've taken my son and filed for custody, yesterday she came too my house trying to get him back causing a scene, so she called the police and I served her the court papers, the police basically said they cannot do anything cause the child is safe, that she needs too go to court, and deal with it at the court date, but I'm wondering what could she have went too court for, is there something she can do too me, or file for being that she's upset and her main goal was too get her son yesterday and she didn't, I accused her of using drugs, and I'm sure she has done the same too me, I'm just wondering what could she have went to court for the next day and what might happen in this situation when the court date arrives

I gather you are not married. How old is the child?

If you filed for custody BEFORE refusing to turn over the child you are OK. If you kept the child from her and then filed, the courts are not going to be happy about that. Especially if you had no concrete reason to keep the child from her.

If you can't prove the mother unfit, I don't know what will happen in court.

No were not married, my son in 2 yrs old, I'm 22yrs old, well I filed cause she isn't employed, flunked out of school, is back and forth living from her mothers house to her b/f's house, which is in the projects, I live in a co-op my son has his own room here, I work at a day care center, graduated school, the only thing she can really say I've smokeed marijuana, I have documentation dating back two years ago saying I've supported my son, I make her sign a paper every time I give her money, she took me too court about yr ago, and the judge ordered me too pay 25$ a month, after that I agreed if she took me out of the court system too give her 300$ a month, and have been doing that ever since. But she uses my son as leverage against me, lies about everything, makes it very hard for me too see him, basically only time is not a problem is when I'm handing her money, it's a whole big issue with this women, she got served with the papers yeterday, and I spoke too her family member today, and they said she went too court but " dont know the reason why " I'm just wondering what could have she went for, what could she be trying to accomplish ?

First, you made a mistake by staying out of the court system. Receipts notwithstanding, anything you paid that wasn't required by the courts is likely to be ignored.

Second you made a mistake by taking the child without a court order.

I have no idea what she went to court for, there are several possibilities.

I hope you have an attorney.

I didn't take him with out a court order, he was with his aunt (her sister ) Saturday morning he woke up with 103 fever, his mother didn't want too get out of bed, so his aunt called me and I came and brought him too the emergency room, clearly he wasent a priority, so I've kept him, she didn't ask for him back until last night and this all went on last weekend.

You kept him from the custodial parent without a court order. The circumstances may be justified, that will be up to the court.

The court of course can order drug testing for all parties.

But to be blunt
1. being poor
2. living in the projects
3. you having more money
4, them having to move to family

Will not get custody taken away from mom, but you can of course, I would say that unless she does not fight, you may get joint custody.

But in many similar, the court will view that if you were paying high enough child support perhaps the mother may not have to live in projects. ** have heard a judge really say that in court.

It sounds like you don't have an attorney, you really should have one.

She doesn't live in the projects, she fights with her parents where she lives at home and then going from her house too her boyfriends howe constantaly back and forth, where at her bf's house where she's staying now. He doesn't have a bed or a room ! Its not healthy for him, he doesn't eat wel when he's w her, she's not doing the right thing all around I'm looking in my sons best interest, I don't know what else too do.

@ scoot, I didn't keep him from her, she showed up at my house with 7 other guys, causing a huge scene, there was no way was giving him too her in that situation, when he was fine at home, I would have let her come in a and stay if she went about it the right way, all she does is want too make it inconvienet for me

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Originally Posted by mb0506

@ scoot, i didnt keep him from her, she showed up at my house with 7 other guys, causing a huge scene, there was no way was giving him too her in that situation, when he was fine at home, i would have let her come in a and stay if she went about it the right way, all she does is want too make it inconvienet for me

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Sorry, but in a legal forum we have to deal with the facts. As far as I can tell she is the primary custodian. She showed up asking for her child, you refused to turn the child over. Whether she made a scene or came with an army doesn't matter. The court may or may not listen to that, probably not.

This is why I strongly suggested you get an attorney. An attorney will tell you what to say and what to do so the courts will look on you in the most favorable light.