ice-crystals.com
08-12-2005, 03:25 AM
I was arrested about a month ago and was in jail for about a week. While I was in jail my 5 year old sons father came and took him and had a judge sign temporary custody until Sept.12th (court date) I have called him dozens of times and he will not let me see him or speak with him on the phone. We were never married but my son was legitimized. I have raised him by myself his entire life. His father has tried to harrass me for years. He has made bogus calls to defacs and the police in the past. Hes an alcoholic and he still calls me sometimes drunk telling me how he loves me. I can go on and on. But, I have never been nothing but nice to him. I let him see him whenever he wants. Hes a truckdriver so sometimes he doesnt see him for over a month. I have never complained for the sake of my child. When I was arrested he saw it as an oppurtunity to take my son away, even though he has been arrested a few times over the past few years. I am going crazy here not being able to see my child. One of my questions is, being I have not been formally served the papers stating he has custody, do I have a right to go get him? They do have a copy at the court house so I know its true, but I have never been served. :mad:
elklaw
08-12-2005, 06:19 AM
I suggest going to the court and asking for them to terminate temporary custody in writing. Explain you were never served and that the father did not serve you and is denying you visitation. I also suggest getting a copy of any temporary custody order. If that temporary order does not exclude you having visitation, go visit the child as you should still have the right to do so as the parent. If visitation is denied, call the police and make a report on the father so you can take the police report to court to show that he is denying visitation to you of your child and you are not convicted of anything or incarcerated. Take that to an emergency hearing and you should be able to get at elast visitation.
ice-crystals.com
08-12-2005, 08:52 AM
How would I do that? Would I need a lawyer? Or do I just go to the court house? Who do I talk to?
ice-crystals.com
08-12-2005, 02:07 PM
I drove the 45 miles today to see my son at his school and the principle would not even let me in the school. He said that I cannot be on the same property with Devon. How is this possible? The cops came out and they said that as long as the father has custody there wasnt anything I can do. Does anyone have any advice, Im on the verge of doing something really stupid if Im unable to see my child.