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My Attorney messed up

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alexreed

Guest
I live in NC. I'm a single mother in the Air Force. In November of 1999, my boyfriend who was seperating from the Air Force decided he didn't want to live in NC anymore and he wanted to go live in PA with his parents. We have a son together and initially we were going to try the long distance relationship until I either seperated from the military or reenlisted. We agreed that our son would stay in NC with me and the father would have visitation rights. The weekend bfore he was to leave he decided he wanted our son to come to PA with him but I refused. He then threatened me and said he was going to take him whether I agreed or not and there was nothing I could do because he was the father. So I got an attorney and I told the attorney the circumstances and that I didn't want an all out custody battle and i'm sure that if we sat down and talked we could work something out. The attorney told me that if we could work out a plan on our own we could do a confession of judgement and not have to go to court. I talked to the father and he agreed to sign the confession of judgement stating I was to have temporary custody until a petittion for permanent custody was entered by either party. The father left and has been living with his parents for the past ten months. He has been employed in PA since Dec of 1999 making $2600.00 a month. He only sent $580.00 total as support for his son and I kept asking him to help out more but he kept making up excuses. Finally after 10 months of asking him for money I went to child support and they took him to court. He got angry about the amount they wanted him to pay so he got an attorney to lower the amount and at the same time filed a complaint for permanent custody. He has gotten one week of visitation every month since he's been gone and now on his last visitation he has refused to bring our son back. I tried to get my son back by going to various offices, including, the clerk of court, DA's office, magistrates, and sherriffs dept, but they all said there was nothing I could do except get an attorney. So I rehired my attorney and he talked to the judge and the judge said I couldn't get an ex-parte order because of the complaint the father filed and that I would have to file a motion for temp custody. Now I'm sitting here waiting to find out what happens and I don't know when I'll see my son again. The father and I had a conversation on the phone and he said his attorney told him that the confession of judgement is invalid and shouldn't have been used for child custody. How can this have happened? How can he just take my son and not bring him back?
 


LegalBeagle

Senior Member
When is the court date ? Do you have the money to file the petition for temp custody ?



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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.
 
A

alexreed

Guest
I have rehired my attorney and he has filed the motion for temp custody but I have to wait until the 25th of Sep for what's called calender call and my attorney will go try get a court date set. I have no idea how long it's going to take to get a hearing so I am extremely frustrated that I have to wait because my son is only a year and a half and he doesn't know what is going on and he must be so confused right now. My poor baby.
 

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