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View Full Version : How do you protect your child before custody is determined in a divorce?


searchingsister
03-28-2005, 09:33 AM
My sister is married to a man from another country. He is working in the U.S. They are getting a divorce and he lives in another state. He thinks he can come to town and take the child out of state without any notice. When she asked for him to sign a document stating where, when and contact information he refused. This is her only protection she knows of to force him to have to return the child back to her. We are talking about a 2 yr. old that is dependent on his mother and is only seeing his father once or twice a year. She had agreed to joint custody, every other holiday and one month a summer. I felt this is very reasonable for a 2 yr. old (if not too much). He has not agreed. He is at her front door demanding the child. She is afraid the child is at rick because the father is in the middle of trying to be able to stay in the u.s, but does not have a sponsor if she divorces him. What to do? anyone ever experienced anything like this? Any and all advice will be appreciated. Child support does not afford an attorney. :(

unionwayne
03-28-2005, 10:21 AM
Go to family court today and file a motion for an order of temporary custody.

searchingsister
03-28-2005, 12:46 PM
She went to the court today.The court said she must have an attorney to file for the temporary custody.They told her that a piece of paper with his schedule and contact numbers would be enough to protect her and that if he left she could have him arrested if the child was not back by the agreed date and time. He came into this country illegally and with illegal documents, he could leave with illegal document for the child.

He played the DHR card and said the suspected drug use, guns in the house etc.. They came to visit. Requested a drug test, which is not a problem and she agreed. There are no guns etc.. just the headache and the stress.
Does anyone know if these papers would hold up in court or would he get to keep the child until a judge decided? She wanted him to see his father, it's all the threats he has made all along that scare her.

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