driver67373
Member
I reside in Arkansas. I will try to be succinct in providing a short history of this case to brings you up to speed. I am the father and noncustodial parent.
1. Mother becomes unfit (2009). I am in nursing school. Parents agree to pursue guardianship of my son, age 3 at the time, until I finish school. Parents do ex parte hearing and are awarded temporary guardianship.
2. Mid-2010 guardianship hearing in which parents are awarded permanent guardianship (so we think).
3. I finish nursing school in December 2012. Get good job, 2 bedroom apartment, my life is together, etc. I've kept close relationship with son and seen him regularly. Parents decide they want to raise him. I am not ok with this.
4. In April 2012 I hire attorney who files for extinguishment of guardianship.
5. Hearing in early September. Judge says we were operating under a temporary order this entire time. Mother showed up at hearing unexpectedly after not seeing her son since November 14, 2009 (her choice)
6. Judge tells my parent's attorney she has to the end of the week to show him order is not temporary or he resolves it. Custody by default goes to mother. Neither my parents or me want this to happen. I withdrew case in hopes mother would drop it too. She wants my parents to raise him but does not want me to, and will not fight for custody as long as he is with my parents. I sign guardianship papers with my parents. Mother says she will sign if I will.Then unkown to me they file emergency ex parte order at the end of the week to protect the mother from picking him up now that temporary guardianship is resolved.
7. I have basically fired my attorney. Partly because he filed things incorrectly. In addition to filing for extinguishment of guardianship he should have filed for custody against the mother. Also partly because he was on the front page of my state newspaper resigning from district judge because of alcohol problems and other misconduct that might get him disbared.We were never married and I have no legal rights to custody.
So I'm going to this hearing soon without representation. I want to know what my rights are and what I can ask for. I desperately want to raise my son, but don't want to take a chance on the mother wining a custody battle and raising him. It would be detrimental to him. She hasn't seen him in almost 3 years which is grounds for her parental rights being terminated in my state. We (me and my parents) have a lot of evidence that shows her unfit as well. Is there any way from this hearing that I can walk away with custody of my son? I at least want visitation but am hoping for more.
1. Mother becomes unfit (2009). I am in nursing school. Parents agree to pursue guardianship of my son, age 3 at the time, until I finish school. Parents do ex parte hearing and are awarded temporary guardianship.
2. Mid-2010 guardianship hearing in which parents are awarded permanent guardianship (so we think).
3. I finish nursing school in December 2012. Get good job, 2 bedroom apartment, my life is together, etc. I've kept close relationship with son and seen him regularly. Parents decide they want to raise him. I am not ok with this.
4. In April 2012 I hire attorney who files for extinguishment of guardianship.
5. Hearing in early September. Judge says we were operating under a temporary order this entire time. Mother showed up at hearing unexpectedly after not seeing her son since November 14, 2009 (her choice)
6. Judge tells my parent's attorney she has to the end of the week to show him order is not temporary or he resolves it. Custody by default goes to mother. Neither my parents or me want this to happen. I withdrew case in hopes mother would drop it too. She wants my parents to raise him but does not want me to, and will not fight for custody as long as he is with my parents. I sign guardianship papers with my parents. Mother says she will sign if I will.Then unkown to me they file emergency ex parte order at the end of the week to protect the mother from picking him up now that temporary guardianship is resolved.
7. I have basically fired my attorney. Partly because he filed things incorrectly. In addition to filing for extinguishment of guardianship he should have filed for custody against the mother. Also partly because he was on the front page of my state newspaper resigning from district judge because of alcohol problems and other misconduct that might get him disbared.We were never married and I have no legal rights to custody.
So I'm going to this hearing soon without representation. I want to know what my rights are and what I can ask for. I desperately want to raise my son, but don't want to take a chance on the mother wining a custody battle and raising him. It would be detrimental to him. She hasn't seen him in almost 3 years which is grounds for her parental rights being terminated in my state. We (me and my parents) have a lot of evidence that shows her unfit as well. Is there any way from this hearing that I can walk away with custody of my son? I at least want visitation but am hoping for more.
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