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    awatson68's Avatar
    awatson68 Posts: 2, Reputation: 1
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    #1

    Oct 31, 2008, 07:44 AM
    Child Custody
    I cannot afford an attorney and my soon to be ex-husband gave his Father and Step mother power of attorney and took me to court and I lost temporary custody of my son. I have another court date and was given a court order to get a full time job, an new place to live and daycare which I have done. Do I have a chance to get my son back at the next court date without a lawyer?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Oct 31, 2008, 08:54 AM

    Do they have a lawyer? That will make a big difference because generally when one party has a lawyer and the other doesn't the party with the lawyer wins. (not always but generally) Do you have proof of all three of those things? That will help you out if you have proof of your job and the new place to live and daycare lined up.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 31, 2008, 09:02 AM

    Based on what you said, it sounds like they were awarded temporary custody while you were given time to show you could care for your son. You were given specific benchmarks to achieve (job, home, daycare). If you have met the benchmarks set by the judge, then you stand a good chance of regaining custody.

    That being said, I agree with stinawords. If they fight this and they have an attorney and you don't, then you are likely to lose. This is a situation where you can't afford not to have an attorney. Shop around many Family law attornies will work out a payment plan.
    mlr08's Avatar
    mlr08 Posts: 46, Reputation: 2
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    #4

    Oct 31, 2008, 11:30 AM

    There are publications for representing yourself in custody court (if you absolutely must) this is called going Pro Se.

    You may also want to try contacting your local Legal Aid office, they should be able to help you or point you in the direction of someone who can.

    You can get a free Child Custody Checkist at: Child Custody Help that lists important considerations and strategies to be aware of before you go to court.
    awatson68's Avatar
    awatson68 Posts: 2, Reputation: 1
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    #5

    Oct 31, 2008, 01:19 PM
    Quote Originally Posted by stinawords View Post
    Do they have a lawyer? That will make a big difference because generally when one party has a lawyer and the other doesn't the party with the lawyer wins. (not always but generally) Do you have proof of all three of those things? That will help you out if you have proof of your job and the new place to live and daycare lined up.



    Yes they have a lawyer my soon to be ex is in the military in Iraq. I have seen 2 different lawyers but they both want $5000.00 which I don't have nor does my mom. Yes I have proof of everything they asked for even the certificates to the completed parenting,children in the middle and relationship classes that I voluntarialy took. I don't know what to do? My court date is 3 weeks from today.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Oct 31, 2008, 03:26 PM

    Shop around, there are lots of lawyers and you should find one that will help you set up a payment schedule.
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