worried about a friend....

[indychick78]

What is the name of your state (only U.S. law)? indiana

i have this friend and her and her hubby are separated and she just filed for divorce. well the little boy is with the dad during the week since he dont work and gets ss income and she takes him on the weekend. well now hes threatening er saying that if she keeps their son any longer than the weekend that he will have her killed and that she better watch her back. he wont help her care for the child and he is mad at her for blocking alot of his services on the cell phone he has under her account. she works full time and makes sure she pays for everything and he refuses to help with anything. is there anything she can do or is she basically stuck being scared? she also gives him 200.00 every other week to help take care of her son. any advice is appreciated....thanks

 

[mistoffolees]

If there is evidence of his threats, she can get a protection order. She also needs to get a temporary order covering custody, visitation, support, etc. By letting the father have the child 5 nights a week, she is jeopardizing her chances for custody in the end.

 

[indychick78]

If there is evidence of his threats, she can get a protection order. She also needs to get a temporary order covering custody, visitation, support, etc. By letting the father have the child 5 nights a week, she is jeopardizing her chances for custody in the end.

how would the custody issue go in her favor? the father is in trouble with teh state for a dui. hes in work release on the weekends and he has no guranteed income to care for the child. she has went and filed for divorce as of last week (he dont know yet) she also told me this morning that she is going to try to get a restraining order against him. she plans to fight for the child. her dad and grandfather has already told her if she needs attourneys they would pay for them for her just to make sure she gets her son.

 

[mistoffolees]

how would the custody issue go in her favor? the father is in trouble with teh state for a dui. hes in work release on the weekends and he has no guranteed income to care for the child. she has went and filed for divorce as of last week (he dont know yet) she also told me this morning that she is going to try to get a restraining order against him. she plans to fight for the child. her dad and grandfather has already told her if she needs attourneys they would pay for them for her just to make sure she gets her son.

She will have to prove that the father is unfit. This is harder than you think. The fact that he doesn't work is irrelevant - in fact, it can be a factor in his favor since he can spend more time with the son. Even the DUIs are not a slam-dunk as long as he doesn't drink while the child is with him.

The way the court is going to see it is that she's willing to leave the son with the father 5 nights a week, so she obviously doesn't see it as being a risk. If she argues that it's dangerous for the child to be with his father, then the fact that she leaves the child there 5 days a week makes her complicit in harming the child. That's why she needs an emergency hearing on custody.

This is not a DIY project. She needs to take her father and grandfather up on the offer and get the best attorney she can find. NOW.

 

[indychick78]

She will have to prove that the father is unfit. This is harder than you think. The fact that he doesn't work is irrelevant - in fact, it can be a factor in his favor since he can spend more time with the son. Even the DUIs are not a slam-dunk as long as he doesn't drink while the child is with him.

The way the court is going to see it is that she's willing to leave the son with the father 5 nights a week, so she obviously doesn't see it as being a risk. If she argues that it's dangerous for the child to be with his father, then the fact that she leaves the child there 5 days a week makes her complicit in harming the child. That's why she needs an emergency hearing on custody.

This is not a DIY project. She needs to take her father and grandfather up on the offer and get the best attorney she can find. NOW.

i told her that she needs to get as many attourneys as possible to ensure that she gets custody of their son. i know from when i was married to her soon to be ex husbands brother that he drank and drove all the time with the child in the car. thanks for the advice

 

[LdiJ]

What is the name of your state (only U.S. law)? indiana

i have this friend and her and her hubby are separated and she just filed for divorce. well the little boy is with the dad during the week since he dont work and gets ss income and she takes him on the weekend. well now hes threatening er saying that if she keeps their son any longer than the weekend that he will have her killed and that she better watch her back. he wont help her care for the child and he is mad at her for blocking alot of his services on the cell phone he has under her account. she works full time and makes sure she pays for everything and he refuses to help with anything. is there anything she can do or is she basically stuck being scared? she also gives him 200.00 every other week to help take care of her son. any advice is appreciated....thanks

If my soon to be ex husband said that to me, I would immediately be filing for a restraining order and would NOT be returning the child to dad. I would also be filing for emergency custody and would let the courts figure out the safest way for dad to spend time with his child.

She needs an attorney NOW.