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perkalator · Nov 13, 2013, 01:27 PM

Police and my exboyfriend just came to my job and the day care and took my son who is 2 months old I am so frazzled I don't know what to do and how they did this .
He isn't legalized as the father he hasn't had a dna test but in the papers it has a test done on the 22 of October when my sister had the baby its signed by some lady I don't even know what can I do how can a judge do this with out even informing me it says he went to court just this morning at 9 30 am we are in Georgia

joypulv · Nov 13, 2013, 02:24 PM

We need a little more help here:
Your son is 2 months.
Documents claim that the father had a DNA test done on Oct 22, while your son was at your sister's.
Police and the father took the child from day care today, and served you with papers at work.
You never knew that there was a court hearing this morning.

Is this true?
If so - what is the rest of the story? There has to be more.
Did the child live with your sister, and you lived elsewhere?
Was there any chance that your address was unknown when your ex would have first filed with the court?
Was there any reason for the court to deem you to be an unfit parent, such as a criminal history, or testing positive for drugs when pregnant?

cdad · Nov 13, 2013, 03:03 PM

What kind of papers were you served? Are there accusations contained in the papers?

perkalator · Nov 13, 2013, 03:13 PM

Originally Posted by joypulv

We need a little more help here:
Your son is 2 months.
Documents claim that the father had a DNA test done on Oct 22, while your son was at your sister's.
Police and the father took the child from day care today, and served you with papers at work.
You never knew that there was a court hearing this morning.

Is this true?
If so - what is the rest of the story? There has to be more.
Did the child live with your sister, and you lived elsewhere?
Was there any chance that your address was unknown when your ex would have first filed with the court?
Was there any reason for the court to deem you to be an unfit parent, such as a criminal history, or testing positive for drugs when pregnant?

OK let me slow down now that my heart isn't racing
I got a call from the daycare saying my ex and police were there removing my son then the police came to my job and said he went to court this morning at 930 and got a judge to sign some order there is no dna test he handed in some false info saying he had a dna test done on the 22 of oct when the child was at my sisters home she says he never ever did any test on my son at all
This is a big drama mess I just don't understand how a judge can give someone's child to someone without legal documentation stating they are the legal parent and how they can do it with out the other parent in court we both live in the same state and same county

cdad · Nov 13, 2013, 03:15 PM

Originally Posted by perkalator

OK let me slow down now that my heart isn't racing
I got a call from the daycare saying my ex and police were there removing my son then the police came to my job and said he went to court this morning at 930 and got a judge to sign some order there is no dna test he handed in some false info saying he had a dna test done on the 22 of oct when the child was at my sisters home she says he never ever did any test on my son at all
This is a big drama mess I just don't understand how a judge can give someone's child to someone without legal documentation stating they are the legal parent and how they can do it with out the other parent in court we both live in the same state and same county

We need to know what the documents were that you recieved. Without that we have no idea how to tell you where to begin.

perkalator · Nov 13, 2013, 03:15 PM

Originally Posted by cdad

What kind of papers were you served? Are there accusations contained in the papers?

I wasn't served with anything this all happened in a matter of minutes

cdad · Nov 13, 2013, 03:16 PM

Call the police. Ask them what happened. The babysitter should have also recieved something. You can't just take a child.

ScottGem · Nov 13, 2013, 03:31 PM

I would suggest getting an attorney. Sounds like you have been railroaded.

What it sounds like happened, is the father obtained a DNA sample from your child while at your sisters. He took this court and obtained an emergency custody order.

Do the papers say anything about a hearing. Either one held already or scheduled for the future? I suspect that the father convinced judge to issue a temporary order pending a full hearing. Either that or the fact that a hearring was scheduled was concealed from you.

So the first thing you need to do is understand what the papers say and whether there is future hearing. If there is you need to understand what the judge was told to issue the custody order. Then you prepare for the hearing by proving the allegations in the complaint were false.

Please keep us posted.

perkalator · Nov 13, 2013, 05:40 PM

Originally Posted by ScottGem

I would suggest getting an attorney. Sounds like you have been railroaded.

What it sounds like happened, is the father obtained a DNA sample from your child while at your sisters. He took this court and obtained an emergency custody order.

Do the papers say anything about a hearing. Either one held already or scheduled for the future? I suspect that the father convinced judge to issue a temporary order pending a full hearing. Either that or the fact that a hearring was scheduled was concealed from you.

So the first thing you need to do is understand what the papers say and whether there is future hearing. If there is you need to understand what the judge was told to issue the custody order. Then you prepare for the hearing by proving the allegations in the complaint were false.

Please keep us posted.

OK I JUST READ OVER all the paper work 1 page is doubled page 3 wich pertans to temporary custody of my son but 1 copy says he is giving tempory custody and the other doesn't have it checked also the areas 15 through 18 are lined through with a intialed sig through it on one page and on the other 15 is filled in saying he can pick my son up from day care this all looks suspecious and falsefied why would they do the same page twice with toatally different info

This looks like a prtection order for him but he added in my sons name on the copied second form so police would think it was for him and my son

ScottGem · Nov 13, 2013, 06:03 PM

Is it signed by a judge? It is certainly possible he fooled the police into thinking this was a valid order. From what you are saying it may be. Or it may a judge signed one order and he modified it into something else.

If that's what happened. Again, I would go see the judge first thing in the morning. Show him the paperwork and ask that he issue a warrant for the father's arrest. Because if he falsified a court order, that's a criminal act and the judge will not be happy about it.

But, I'm just guessing here. Without actually seeing the paperwork I don't know for sure. If you can have a lawyer look it over first, that would be a good idea. Many local law schools have free clinics that may be able to help you. You can also try to find a single mother support group in your area that might be able to help.

joypulv · Nov 13, 2013, 06:04 PM

Can you get back to the police station to go over the paperwork?
We can't know what the lines on the forms represent, so show it to the cops.

perkalator · Nov 13, 2013, 06:25 PM

Thank you every one I am at the police station now and I will be going to a judge in the morning I just can't believe this can happen and I am hoping and praying he doesn't take my son out of state

joypulv · Nov 13, 2013, 06:31 PM

Me too. Did anyone there look at the papers and agree with you (or are they unwilling to admit they might have made a huge mistake)?

cdad · Nov 13, 2013, 06:44 PM

Here is the thing. If he were to get a protective order or restraining order then you do not have to be present when this occurs. But there should also be a hearing date to finalize it. There also should be listed allegations as to why this change was needed and why so drastically. Also what you need to do if your going to see a judge is get a copy of the order that was made so you can see if it is different then what you have.

If he did "fool" the police and if he takes the child out of state then he will be charged with parental kidnapping.

What does your protective order say ?

perkalator · Nov 13, 2013, 07:48 PM

Is there a way to upload the documents here

ScottGem · Nov 13, 2013, 08:04 PM

Originally Posted by perkalator

Is there a way to upload the documents here

You can scan them to a PDF and attach to post. But before you do you need to block out any identifying info, names, address, even city/town names. Do this to a copy, scan to PDF and attach to a post.

perkalator · Nov 14, 2013, 09:56 AM

This is getting deeper I went to the court this morning and the judges clerk said she did do those papers and that she at first did not give him temp custody but that he came back after asking for custody that's why there are 2 different copies of page 3 she said I needed to go to legal aid to get help so I did which they said they will Not help me at all cause they are representing him what am I supposed to do now I have no money for a lawyer I have 4 other kids to support I want my son!

joypulv · Nov 14, 2013, 10:21 AM

A CLERK changed the papers? Go screaming down the halls of the courthouse until you get a judge, a DA, anyone, someone with authority over the illegal actions of a clerk.
IF this is correct. It sounds like something happened at Legal Aid that may have changed something legally.
Something about all this still isn't right. Didn't you ask what Legal Aid got done and on what basis? Are you not telling us something about your ability to parent, in the eyes of the law? We don't know you so no need to hold it back. Something about your sister, or you? Were you deliberately hiding, which is illegal?

perkalator · Nov 14, 2013, 10:42 AM

Originally Posted by joypulv

A CLERK changed the papers? Go screaming down the halls of the courthouse until you get a judge, a DA, anyone, someone with authority over the illegal actions of a clerk.
IF this is correct. It sounds like something happened at Legal Aid that may have changed something legally.
Something about all this still isn't right. Didn't you ask what Legal Aid got done and on what basis? Are you not telling us something about your ability to parent, in the eyes of the law? We don't know you so no need to hold it back. Something about your sister, or you? Were you deliberately hiding, which is illegal?

OK long story short on the 17 of oct I was arrested for protecting myself from the ex boyfriend I went to jail got out on bond I am awaiting court I have had no contact with him since just trying to live my life get it back on track . They his mother father and he have harresed me since called dfacs 5 times to the point of the worker being pissed at them they called my other children's grandparents called clients even called my job its been endless I am just trying to make sense and hold on to my life right now I was realeased on bond with a promise to pay the 10 percent I have to pay ankle braclet charges and support my kids on what I earn I had to get a title loan on my car now that I can't even get legal aid to help me I don't know what I am going to do he is going to keep my son get me put in jail and I will lose all my kids all for me protecting myself maybe I should have just let him beat me

ScottGem · Nov 14, 2013, 10:42 AM

Originally Posted by perkalator

the judges clerk said she did do those papers and that she at first did not give him temp custody but that he came back after asking for custody that's why there are 2 different copies of page 3

First, please review some of the questions we asked and make sure they are all answered. For example, did a judge actually sign the order. Second, keep a notebook with you at all times, or a memo taker (a recording device to record voice notes). Make sure you record EXACTLY what people say to you. A clerk cannot just add temp custody to an order, the judge has to do that. If this clerk did so, she overstepped her authority and opened herself up for a law suit.

Legal Aid is usually not a law firm, it's a clearing house for assigning attorneys. So there shouldn't be a conflict in assigning one attorney to your ex and one to you. But I gave you two suggestions. One is to contact the ACLU. It appears your rights may have been trampled on which is the type of case the ACLU thrives on. The second was to check with a local law school. Many run clinics that can help you.

I agree with Joy that you should demand to talk to a judge, not just the clerk. Either the judge the clerk works for or his superior.

I will add that your story seems to be missing something. There is no way a judge should sign an order giving temporary custody to someone other than the legal father. And if he is not on the birth certificate or you did not sign an acknowledgement of paternity with him, then the only way he should be designated the legal father was with a court ordered DNA test. In either case, you would know about it.

So either you are not telling us the whole story or there has been a gross misuse of the court system. In the latter case, you may have a significant lawsuit against the county. If the ACLU won't help, I would talk to other lawyers you might find one who will see the same potential for a lawsuit that I see and take your case on contingency.

OK I just saw your last post. You should have told us this from the beginning. So he used the fact that you were arrested and jailed, apparently for assaulting him as grounds for removing the child from your care. That makes more sense. Were you appointed an attorney to help defend against the assault charge?