Closed Thread
Page 1 of 5 123 ... LastLast
Results 1 to 15 of 61
  1. #1
    reely2shy is offline Member
    Join Date
    Feb 2008
    Posts
    58

    emergency custody hearing.

    What is the name of your state (only U.S. law)? va
    short version, over one year ago I seperated from my husband. He was abusive and I filed a restraining order. In the seperation papers that were filed after I moved out my husband requested the my kids not be around my "paramour" ...well a year has passed. we are in the process of divorce and I now reside in a nice home with out violence with my partner. I have two kids. I have not seen them much due to the strain and pressure my ex puts on the kids. I do talk to them every day however. My ex was arrested and ordered to never drink again and never around the kids. He continues to drink and not care for the kids. Last week i was served papers and it seems myh parents have filed for custody of my kids!! They filed for loco parentis...hearing is thursday. I have a room for my girls and want them with me. I have only not pushed this due to the situation it would have put them in at home with their father as his drinking and violence have continued. I am more than financially able to care for the kids and do support them. They have a good relationship with the man I am with and he is likewise very fond of them. The children have told me they want to live with me. What are the odds my parents will get the kisd and what is loco parentis.?
  2. #2
    sometwo is offline Senior Member
    Join Date
    Aug 2008
    Posts
    1,323
    short version, over one year ago I seperated from my husband. He was abusive and I filed a restraining order. In the seperation papers that were filed after I moved out my husband requested the my kids not be around my "paramour" ...well a year has passed. we are in the process of divorce and I now reside in a nice home with out violence with my partner. I have two kids. I have not seen them much due to the strain and pressure my ex puts on the kids.
    So your ex husband has custody? Why have you not seen them exactly? When was the last time you saw them?

    I do talk to them every day however.
    When was the last time you saw them?

    My ex was arrested and ordered to never drink again and never around the kids. He continues to drink and not care for the kids.
    And yet you are no where around but are criticizing dad who is actually caring for the kids when you won't see them?
    Last week i was served papers and it seems myh parents have filed for custody of my kids!! They filed for loco parentis...hearing is thursday. I have a room for my girls and want them with me. I have only not pushed this due to the situation it would have put them in at home with their father as his drinking and violence have continued.
    So you would rather them stay with a violent drunk instead?

    I am more than financially able to care for the kids and do support them.
    Then why haven't you been ???????????????

    They have a good relationship with the man I am with and he is likewise very fond of them.
    And when have they been around him? For how long? By your post you haven't been seeing the kids yourself so how can they have a relationship with him????????????

    The children have told me they want to live with me. What are the odds my parents will get the kisd and what is loco parentis.?
    Children don't get to decide. Sounds like everyone but you is caring for your children .
  3. #3
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,282
    Your parents have no standing to file for custody. Why haven't YOU filed for custody?
  4. #4
    reely2shy is offline Member
    Join Date
    Feb 2008
    Posts
    58
    answers.....
    first...i didnt say i never see them..I do....but when I do as soon as I get them, their father is calling them and texting them and threatening violence...however no one can prove this.
    Second , they have a relationship with us becuase there is contact and visits even though not frequent.
    Third, its joint custody with him having primary physical..and the reason is he almost killed me more than once so I had to get out.. itook the girls with me...he convinced a backwoods judge i was lying...even with pictures of the bruises and broken bones by him!
    I have tried to file for custody..his money oulasts mine when it comes to lawyers. So, I had to back off to get some funds up becuase lawyers charge so much!!!!
    Now if yoru done being judgemental I will ask again....what my chances are.
    As for why the parents dont want me to have the kids I dont know. I have been estranged from them basicallyh since I married this man to begin with.
    bottom line i cant affor the multiple thousands of dollars to fight this...!! so if you wanna pay it or know a pro bono family law expert please dont critisize...
  5. #5
    Silverplum is offline Senior Member
    Join Date
    Jan 2005
    Location
    At the cabin; leave a message.
    Posts
    24,828
    Quote Originally Posted by reely2shy View Post
    answers.....
    first...i didnt say i never see them..I do....but when I do as soon as I get them, their father is calling them and texting them and threatening violence...however no one can prove this.
    Second , they have a relationship with us becuase there is contact and visits even though not frequent.
    Third, its joint custody with him having primary physical..and the reason is he almost killed me more than once so I had to get out.. itook the girls with me...he convinced a backwoods judge i was lying...even with pictures of the bruises and broken bones by him!
    I have tried to file for custody..his money oulasts mine when it comes to lawyers. So, I had to back off to get some funds up becuase lawyers charge so much!!!!
    Now if yoru done being judgemental I will ask again....what my chances are.
    As for why the parents dont want me to have the kids I dont know. I have been estranged from them basicallyh since I married this man to begin with.
    bottom line i cant affor the multiple thousands of dollars to fight this...!! so if you wanna pay it or know a pro bono family law expert please dont critisize...
    Nobody here will pay your legal bills. And we don't provide names of "free" attorneys, or provide referrals in any way.

    Your first post was very incomplete. Further questions were needed in order to get a handle on your situation. Don't turn that into "judgement" or "attacks." Just answer the questions and move on.
  6. #6
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    43,870
    Quote Originally Posted by reely2shy View Post
    he convinced a backwoods judge i was lying...even with pictures of the bruises and broken bones by him!
    Is it safe to assume that you never called the cops on him, or - if you did - backtracked on story? Because pictures are NOT proof of anything except that you had those injuries. They do not prove who caused the injuries.
  7. #7
    reely2shy is offline Member
    Join Date
    Feb 2008
    Posts
    58
    yes police were called and protective order was issued. , it is out of concern for what he does to them mentally and psychologically when thye spend time with me that make me not see them as much as I want. If I could affort it I would be fighting tooth and nail for custody of my girls...like i said his money outlasts mine...Now question was this. if I am not found unfit..which I wouldnt be and he is found in violation will I get custody of my girls or would my parents...
  8. #8
    ecmst12 is offline Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,282
    You can't get anything you don't go to court and ask for.

    Your parents are unlikely to get anything. Their case I suppose is against both you and dad so both of you will need to defend against it. But you absolutely should fight it and recognize that it is totally separate from any custody case you might have with dad.
  9. #9
    futuredust is offline Senior Member
    Join Date
    Sep 2008
    Location
    ~♥♥♥♥~
    Posts
    1,072
    Quote Originally Posted by reely2shy View Post
    What is the name of your state (only U.S. law)? va
    short version, over one year ago I seperated from my husband. He was abusive and I filed a restraining order. In the seperation papers that were filed after I moved out my husband requested the my kids not be around my "paramour" ...well a year has passed. we are in the process of divorce and I now reside in a nice home with out violence with my partner. I have two kids. I have not seen them much due to the strain and pressure my ex puts on the kids. I do talk to them every day however. My ex was arrested and ordered to never drink again and never around the kids. He continues to drink and not care for the kids. Last week i was served papers and it seems myh parents have filed for custody of my kids!! They filed for loco parentis...hearing is thursday. I have a room for my girls and want them with me. I have only not pushed this due to the situation it would have put them in at home with their father as his drinking and violence have continued. I am more than financially able to care for the kids and do support them. They have a good relationship with the man I am with and he is likewise very fond of them. The children have told me they want to live with me. What are the odds my parents will get the kisd and what is loco parentis.?

    Who are you, on 1/16/10 you posted this
    :

    Quote Originally Posted by reely2shy View Post
    ONe of them specifically asks me to list everyone in the home, names ages and their income. I live with my girlfriend and her kids. We are not married and her income is irrelevant to my case. And her kids and names and ages are not relevant either. As I dont support them and she does not support me..
  10. #10
    reely2shy is offline Member
    Join Date
    Feb 2008
    Posts
    58
    the post earlier was made for a friend.....
  11. #11
    futuredust is offline Senior Member
    Join Date
    Sep 2008
    Location
    ~♥♥♥♥~
    Posts
    1,072
    Quote Originally Posted by reely2shy View Post
    the post earlier was made for a friend.....
    So, again, who are YOU..

    There are a few posts with this user name, with varying situations.
  12. #12
    reely2shy is offline Member
    Join Date
    Feb 2008
    Posts
    58
    as to going to court and asking. I want to ... if I drain my reserves on lawyers what funds do I have for emergency when somehting happens and I need those funds for my kids...? Im in a corner.....
  13. #13
    reely2shy is offline Member
    Join Date
    Feb 2008
    Posts
    58
    I am a friend....typing for the girl sitting next to me..that is going ot court....asking questions and answering yours for HER**************..trying to help her get some information ... now who i AM is not important...legal advice forumn...someone is asking legal advice....
  14. #14
    futuredust is offline Senior Member
    Join Date
    Sep 2008
    Location
    ~♥♥♥♥~
    Posts
    1,072
    Quote Originally Posted by reely2shy View Post
    as to going to court and asking. I want to ... if I drain my reserves on lawyers what funds do I have for emergency when somehting happens and I need those funds for my kids...? Im in a corner.....
    Please clarify your position. Are previous posts yours, those posted for friends, is this post for a friend..
  15. #15
    futuredust is offline Senior Member
    Join Date
    Sep 2008
    Location
    ~♥♥♥♥~
    Posts
    1,072
    Quote Originally Posted by reely2shy View Post
    I am a friend....typing for the girl sitting next to me..that is going ot court....asking questions and answering yours for HER**************..trying to help her get some information ... now who i AM is not important...legal advice forumn...someone is asking legal advice....

    Thanks.

    Have her contact an attorney.
Closed Thread
Page 1 of 5 123 ... LastLast

Similar Threads

  1. emergency custody hearing
    By gracerae1804 in forum Child Custody & Visitation
    Replies: 1
    Last Post: 03-27-2011, 12:21 PM
  2. Emergency Custody Hearing
    By Cabes771 in forum Domestic Violence & Abuse
    Replies: 4
    Last Post: 05-05-2009, 05:20 PM
  3. Emergency Custody Hearing
    By bsl19738 in forum Child Custody & Visitation
    Replies: 2
    Last Post: 06-14-2008, 10:53 AM
  4. Emergency Custody Hearing
    By bsl19738 in forum Child Custody & Visitation
    Replies: 1
    Last Post: 06-14-2008, 10:23 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.