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living in hell · Apr 7, 2009, 09:47 AM

I had primary custody of an eight-year old male from birth. Father took me to court 2 x's for additional time. (granted) third time same thing, only this time mom didn't have an attorney. Court took the child from mom and gave to dad based on attorney's lies. Judge wouldn't hear a word mom said. Mother only has 4 day a month visitation, no access to schools, doctors, telephone calls, nothing. Went back to court 3/11/09 asking for 1st right and a better order for visitation and phone access to the child. Father isn't available for child and uses mom & girlfriend to care for the child. Judge said no additional contact was needed between my child and I because the two parents can't get along. (1)is this legal (2)how is it in the best interest of the child? I 've lived this way for 8 months and can't imagine another ten years.

JudyKayTee · Apr 7, 2009, 10:06 AM

Yes, it's legal if it's based on past experience, damage to the child (usually psychological and caused by the arguing), danger to the child.

No one knows how this is in the best interest of the child without reviewing the entire Court file. That's more a mind reader question and less of a legal question.

The way you phrased your question is somewhat confusing - I assume you are the mother and the father is the one with custody?

If you lost custody based on an Attorney's lies and not testimony, proof of some sort, then you need to file an appeal.

Justwantfair · Apr 7, 2009, 10:09 AM

Originally Posted by JudyKayTee

Yes, it's legal if it's based on past experience, damage to the child (usually psychological and caused by the arguing), danger to the child.

No one knows how this is in the best interest of the child without reviewing the entire Court file. That's more a mind reader question and less of a legal question.

The way you phrased your question is somewhat confusing - I assume you are the mother and the father is the one with custody?

If you lost custody based on an Attorney's lies and not testimony, proof of some sort, then you need to file an appeal.

With an attorney.

living in hell · Apr 7, 2009, 10:50 AM

Originally Posted by Justwantfair

With an attorney.

Yes I'm the mom. Child wasn't having any problems with me. My son was removed from my home 7/30/08 and the attorney didn't file the ruling with the clerk until 8/11/08, out of time for appeal in North Carolina. Any other suggestions?

Justwantfair · Apr 7, 2009, 10:52 AM

Have you discussed your situation with a family law attorney in your area? Some offer free consultations and they could let you know what options you have available to you.