Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Divorce, Separation & Annulment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-31-2007, 01:52 AM
Junior Member
 
Join Date: Oct 2007
Posts: 2

Cry out for help!


What is the name of your state? tx

I have gotten the subpoena regarding the final "D"....In these forms it has some things that are not true and also states that I LOSE ALL CUSTODY OF WHAT I HOLD DEAR IN THIS WORLD! (MY daughter) My ex has told me that she will not keep her from me but I believe differently. She has kept me from talking to her in the past.

I want this to finally end so that I can move on and get past this but I do not want to hastily do something that I will regret later either. I do have reasons for not wanting to go to court and fight this. I in essence have two options.

1. Sign the waiver and "opt out" to not be served the papers. This option will grant her (my ex) all that she wants in the divorce (THE ONLY THING I AM CONCERNED ABOUT IS MY DAUGHTER THOUGH) and put in writing things that she lied about to "Her legal team" ABOUT THE REASON FOR SEPARATION. Legal documents are forever.

2. I can choose to fight this battle. (I dont know if I can win) I will have to face the music and go back to my hometown and possibly go away for a long time. This may also inhibit me from actually attending the case hearing itself thus defaulting me to lose my case.

The truth is that I ran away from my problems in order to "heal" myself. I was on probation but skipped town to get away from the things that kept me drunk/drugged. I came to *current location*** to change myself for the good. I have been doing very well. I am sober and mentally/physically healthier. I feel that it may be possible to convince the judge, regarding my own history, to grant me another chance at my freedom. However if he does not then I have pretty much fed myself to the wolves.

My question is....
When I do go back and turn myself in would I still be able to fight the case so as to have the judge grant me custody rights or would all that be thrown out the window once I get arrested.

OR....
Could I still go to trial without actually appearing..(hiring a lawyer) and having him represent me.
  #2  
Old 10-31-2007, 06:45 AM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,787
YOu need to grow up and be an adult. If that means gong to jail for violating parole do so. If not, then what are you saying to your child? Good grief. If you want your daughter in your life then you fight for her. But mom has a very good cause to get full custody depending on your crime if you are running from the law.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 10-31-2007, 11:45 AM
Junior Member
 
Join Date: Oct 2007
Posts: 2

not running anymore


I thought I could run from my problems...I am not denying that. I do wish to go back. However I dont want to lose custody simply because of my mistake. I DO regret running and wish/hope there is a way to fight this case. However, as it appears I do not have a leg to stand on then I dont know if I would even be heard in a court room.

My crime was being caught with a half pound of marijuana in my trunk. this was back in 05...I have since stayed clean (up until we separated back in Jan of this year). I do still send her money to help out with my daughter as well. I have a great career wich enables me to help....(especially since she is also going through a rough patch). I feel that I have left them both high and dry and did not want to go to jail until they were stable financially. I dont want to see my ex in the street much less my daughter.
  #4  
Old 10-31-2007, 11:49 AM
Member
 
Join Date: Oct 2007
Posts: 51
Here's my advice and Im not a lawyer..so take it as you will..

You need to go and face the charges, deal with that half first. Regardless of whether you sign away or deal with it, Your charges pending are going to take over first before anything else. Once you've dealt with that and face your punishment, then you can deal with the issue of getting your daughter back. You can't keep running from your problems, eventually your going to get caught.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:36 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.