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-   -   Custody (https://www.askmehelpdesk.com/showthread.php?t=774900)

  • Nov 12, 2013, 07:17 AM
    Bradybunch7
    Custody
    I currently have 50/50 custody with my ex husband. Everything is equal except my children are suppose to go to school in his county and I cover insurance. He is currently on the run. He multiple warrants for his arrest. He went to jail back in August for shoplifting. He was suppose to pick up the kids on the 27th of October and have them for his week which he didn't show or call and he was suppose to come get them this past Sunday. Which he didn't show or call. My children have been with him while he has stolen and they are aware of what him and his wife are doing. I don't want my children around him until he can get off the drugs and get his life together. I don't have a lot of money so getting an attorney is out of the question. What do I need to do?
  • Nov 12, 2013, 09:04 AM
    AK lawyer
    If he shows up to exercise visitation, call the police and have him arrested.
  • Nov 12, 2013, 09:23 AM
    ScottGem
    If there are outstanding warrants then do as AK suggested.

    In the meantime file a petition with Family court to change the custody arrangement to give you full physical custody.

    Try local law schools. Many have clinics that can help prepare the paperwork. Family Courts are generally less formal.
  • Dec 13, 2013, 10:48 PM
    Bradybunch7
    Can I file child abandonment or emergency custody?
    I currently have a joint custody agreement in which we swap the kids every other week and no one pays child support. My ex hasn't seen the kids since October 20th (56) days and has misses 4 of his visitations. He for incarcerated on November 22nd and is waiting for someone to post bail and then he has a hold for another county. Him and his wife went to jail back in August and were incarerated for 15 days. He has probabtion violation hold for the one county and his charges at the current jail are for burglary and theft by taking. Can I file for emergency custody? Or can I file for abandonment? I want to file for a custody modification but I can't afford it at the moment so I am trying to figure something else out in the mean time. I just don't want him to get out of jail and come get my kids considering he has been getting into so much trouble with the law and that I have been told he has been using drugs ( which I can't prove) and not to mention he has been moving from house to house in the last year. He has been living with person to person. Please help! Any advice is appreciated. Oh and happy holidays!

    Oh I live in Gerogia
  • Dec 14, 2013, 06:27 AM
    ScottGem
    You can't file for abandonment. Abandonment can be used as grounds for getting custody modified.

    I don't see the need for an emergency order. Since he is unable to pick up the children you can continue to keep them. If you want to file for a modification of the custody and support agreement go ahead.

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