I am located in Ohio. This is actually in reference to my sister and her three year old son.
My sister does not have any type of custody agreement with her ex-boyfriend. She has just had sole custody, and allowed her son to visit his father in North Carolina periodically. There were no problems with this arrangement until this summer. The child's father refused to return him.
My sister called the police in North Carolina to ask them for assistance, and they informed her that in North Carolina both parents have equal rights, unlike Ohio where the mother has all rights from birth. They informed her that they needed a document from the court showing that she has full custody. We spoke with a lawyer in N.C. and she confirmed.
My sister then filed for emergency custody in order to get this document she needed. The magistrate was confused as to why she wanted it, but went ahead and did it. We then went to N.C. and brought my nephew home.
There was a mediation meeting, in which no progress was made.
The father has been in trouble with the law for drugs and other things, and was arrested while he had my nephew with him for the summer. We do not feel it is a healthy place for him to be. His father, though, contends that he has more money and can provide better housing for their son.
My sister has not been able to afford a lawyer. She is in school and not working. Unfortunately, no one else in our family can afford it, either.
I was under the impression that she had secured representation for the hearing but she has not. The hearing is in two days and she will not be represented. I am worried that the father will have a lawyer and leave there with custody.
Here are my questions:
Is my sister completely screwed? (Pardon me, I couldn't think of a better term.)
Can my sister withdraw her motion to make this go away? She has custody of him, and has since he was born. His father has only had a few short visits and is not regularly involved in his life. He does not send any money or support him in any way.
Is there a chance that he can come in and just get custody?
What can my sister do here, two days from the hearing, with no representation?
My sister does not live in the greatest neighborhood, and she has a small apartment. She is in school and has no job, and is currently living on welfare. She is working hard to do something with herself, however, and she has my mom nearby. My mom watches the kids every day when she is in school. We have a ton of family around. His father does not have much (if any) family near him, and as I said, he is a bad apple.
Please, someone, give me an idea of what could (and maybe what will most likely happen) at the hearing. Please give me any suggestions you can.
I would greatly appreciate it.
My sister does not have any type of custody agreement with her ex-boyfriend. She has just had sole custody, and allowed her son to visit his father in North Carolina periodically. There were no problems with this arrangement until this summer. The child's father refused to return him.
My sister called the police in North Carolina to ask them for assistance, and they informed her that in North Carolina both parents have equal rights, unlike Ohio where the mother has all rights from birth. They informed her that they needed a document from the court showing that she has full custody. We spoke with a lawyer in N.C. and she confirmed.
My sister then filed for emergency custody in order to get this document she needed. The magistrate was confused as to why she wanted it, but went ahead and did it. We then went to N.C. and brought my nephew home.
There was a mediation meeting, in which no progress was made.
The father has been in trouble with the law for drugs and other things, and was arrested while he had my nephew with him for the summer. We do not feel it is a healthy place for him to be. His father, though, contends that he has more money and can provide better housing for their son.
My sister has not been able to afford a lawyer. She is in school and not working. Unfortunately, no one else in our family can afford it, either.
I was under the impression that she had secured representation for the hearing but she has not. The hearing is in two days and she will not be represented. I am worried that the father will have a lawyer and leave there with custody.
Here are my questions:
Is my sister completely screwed? (Pardon me, I couldn't think of a better term.)
Can my sister withdraw her motion to make this go away? She has custody of him, and has since he was born. His father has only had a few short visits and is not regularly involved in his life. He does not send any money or support him in any way.
Is there a chance that he can come in and just get custody?
What can my sister do here, two days from the hearing, with no representation?
My sister does not live in the greatest neighborhood, and she has a small apartment. She is in school and has no job, and is currently living on welfare. She is working hard to do something with herself, however, and she has my mom nearby. My mom watches the kids every day when she is in school. We have a ton of family around. His father does not have much (if any) family near him, and as I said, he is a bad apple.
Please, someone, give me an idea of what could (and maybe what will most likely happen) at the hearing. Please give me any suggestions you can.
I would greatly appreciate it.
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