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mc123

Junior Member
What is the name of your state (only U.S. law)? PA

My son's mother and I do not currently have a custody agreement. Everything was fine for a while. However she had to drastically change the time she wanted to pick up our son on his birthday a few weeks ago. Low and behold she came with a man to pick up our son. I remember her mentioning someone she hated, him, a time or two when we dated so I had a gut feeling to look up the states arrest website. Last month he was arrested for child endangerment. He also has a drug arrest pending from when he violated his ARD program. I contacted her other son's father to let him be aware of that. I received a call back from him the next day to find out that he looked up the article in their paper and it was our son's mothers address that the incident occurred. When he asked her grandmother, she let him know that it was indeed their son. He left their son outside for over an hour in the rain while he was in the home passed out on the sofa. When I asked our son's mother about the situation she told me that she would never let her children around anyone who would harm them, and would never let her children alone with the man. And that his arrest was his business, not hers. Yet the police report in the paper stated that just the man was alone with her older son.

The reason she completely changed the agreed time on our son's 2nd birthday was so she could take that guy to his hearing to post bail.

Do I think our son is in imminent danger? No, because he's never come filthy or hungry or with any marks on him. I am just concerned with her recent actions about his future. Ever since she broke up with her last fiance (whom was a good person) she went off the deep end. Like, completely off the deep end.

Since May she has given me less than an hour to no notice that she won't be picking up our son due to (insert excuse). I have had our son 4-5 nights a week since then. Before May, I have had him 3-4 nights a week since he was born. When she does pick him up, it's usually 1-3 hours later than she said she would be there. I did document all the times.

Her grandparents already watches her older child so they refuse to watch our son. So while I am at work my parents watch him Monday and Tuesday and then Wednesday to Friday my mom takes him to the daycare where she is a manager of the room he is in. Which I pay for. So he is never out of sight of me or my family. When my mom retires, regardless of who's time it is with our son, he will be with them while we work. When I am done work I have our son until she picks him up.

She only works 3 days a week yet lies about her work times. I know this because I work in the same company she does and our department frequently visits her office building and she isn't there when she says she is. So, even on her days off, she drops our son off with me or my parents at about 9 AM nd doesn't pick him up until close to 7 PM. However, she is being fired from her job as of this week due to always being late and misconduct. She is also in risk of being evicted due to being so far behind on her bills and rent. Yet, she has a brand new 2015 Subaru.

Her older son's father spoke with her grandmother and her grandmother told him to go to court for custody and she told him that she would testify on his behalf. She told me that she would testify on my behalf as well. So it happens that I will be filing for custody at almost the same time that her older son's father will.

My living situation is I own a 3 bedroom home with no mortgage. I work at a stable job 9-5 every weekday with an excellent health care and dental policy. I also get 10 sick days each year which roll over yearly up to 90 sick days. I also receive an automatic 3 week vacation every year which can be broken down to days and even half days.

I am anxious about filing because I have never been through a process like this. What would be good questions to ask my attorney when I meet with him for my initial consultation? If he asks what I would like in a custody agreement, since I've never been to court before, what would be a reasonable answer to give him?
 


mommyanme

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

My son's mother and I do not currently have a custody agreement. Everything was fine for a while. However she had to drastically change the time she wanted to pick up our son on his birthday a few weeks ago. Low and behold she came with a man to pick up our son. I remember her mentioning someone she hated, him, a time or two when we dated so I had a gut feeling to look up the states arrest website. Last month he was arrested for child endangerment. He also has a drug arrest pending from when he violated his ARD program. I contacted her other son's father to let him be aware of that. I received a call back from him the next day to find out that he looked up the article in their paper and it was our son's mothers address that the incident occurred. When he asked her grandmother, she let him know that it was indeed their son. He left their son outside for over an hour in the rain while he was in the home passed out on the sofa. When I asked our son's mother about the situation she told me that she would never let her children around anyone who would harm them, and would never let her children alone with the man. And that his arrest was his business, not hers. Yet the police report in the paper stated that just the man was alone with her older son.

The reason she completely changed the agreed time on our son's 2nd birthday was so she could take that guy to his hearing to post bail.

Do I think our son is in imminent danger? No, because he's never come filthy or hungry or with any marks on him. I am just concerned with her recent actions about his future. Ever since she broke up with her last fiance (whom was a good person) she went off the deep end. Like, completely off the deep end.

Since May she has given me less than an hour to no notice that she won't be picking up our son due to (insert excuse). I have had our son 4-5 nights a week since then. Before May, I have had him 3-4 nights a week since he was born. When she does pick him up, it's usually 1-3 hours later than she said she would be there. I did document all the times.

Her grandparents already watches her older child so they refuse to watch our son. So while I am at work my parents watch him Monday and Tuesday and then Wednesday to Friday my mom takes him to the daycare where she is a manager of the room he is in. Which I pay for. So he is never out of sight of me or my family. When my mom retires, regardless of who's time it is with our son, he will be with them while we work. When I am done work I have our son until she picks him up.

She only works 3 days a week yet lies about her work times. I know this because I work in the same company she does and our department frequently visits her office building and she isn't there when she says she is. So, even on her days off, she drops our son off with me or my parents at about 9 AM nd doesn't pick him up until close to 7 PM. However, she is being fired from her job as of this week due to always being late and misconduct. She is also in risk of being evicted due to being so far behind on her bills and rent. Yet, she has a brand new 2015 Subaru.

Her older son's father spoke with her grandmother and her grandmother told him to go to court for custody and she told him that she would testify on his behalf. She told me that she would testify on my behalf as well. So it happens that I will be filing for custody at almost the same time that her older son's father will.

My living situation is I own a 3 bedroom home with no mortgage. I work at a stable job 9-5 every weekday with an excellent health care and dental policy. I also get 10 sick days each year which roll over yearly up to 90 sick days. I also receive an automatic 3 week vacation every year which can be broken down to days and even half days.

I am anxious about filing because I have never been through a process like this. What would be good questions to ask my attorney when I meet with him for my initial consultation? If he asks what I would like in a custody agreement, since I've never been to court before, what would be a reasonable answer to give him?

If she rids herself of the guy, temporarily, you can ask that he not be in your child's presence. The conviction is what matters though, you know, the innocent until proven guilty concept.
 

mc123

Junior Member
Thank you, that is something I will bring up. I'm really not sure what to expect out of all of this. I'm not sure if this is right or not but when he was first born I did ask her to file for child support which she did. Instead of a "mutual" agreement kind of thing I feel better knowing that everything as far as that is documented. When I transferred to another company I did make sure to send the checks in personally up until it was direct deposited out of my pay.

And when he asks for mommy I just tell him she's at work. I hide his stuff to go back and I only tell him she's coming when I actually get the message that she's on the highway coming to our home. I hope that's the right thing to do. As for where she actually is all this time I would only be making assumptions which isn't a good thing to do.

I apologize for posting a book.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? PA

My son's mother and I do not currently have a custody agreement. Everything was fine for a while. However she had to drastically change the time she wanted to pick up our son on his birthday a few weeks ago. Low and behold she came with a man to pick up our son. I remember her mentioning someone she hated, him, a time or two when we dated so I had a gut feeling to look up the states arrest website. Last month he was arrested for child endangerment. He also has a drug arrest pending from when he violated his ARD program. I contacted her other son's father to let him be aware of that. I received a call back from him the next day to find out that he looked up the article in their paper and it was our son's mothers address that the incident occurred. When he asked her grandmother, she let him know that it was indeed their son. He left their son outside for over an hour in the rain while he was in the home passed out on the sofa. When I asked our son's mother about the situation she told me that she would never let her children around anyone who would harm them, and would never let her children alone with the man. And that his arrest was his business, not hers. Yet the police report in the paper stated that just the man was alone with her older son.

The reason she completely changed the agreed time on our son's 2nd birthday was so she could take that guy to his hearing to post bail.

Do I think our son is in imminent danger? No, because he's never come filthy or hungry or with any marks on him. I am just concerned with her recent actions about his future. Ever since she broke up with her last fiance (whom was a good person) she went off the deep end. Like, completely off the deep end.

Since May she has given me less than an hour to no notice that she won't be picking up our son due to (insert excuse). I have had our son 4-5 nights a week since then. Before May, I have had him 3-4 nights a week since he was born. When she does pick him up, it's usually 1-3 hours later than she said she would be there. I did document all the times.

Her grandparents already watches her older child so they refuse to watch our son. So while I am at work my parents watch him Monday and Tuesday and then Wednesday to Friday my mom takes him to the daycare where she is a manager of the room he is in. Which I pay for. So he is never out of sight of me or my family. When my mom retires, regardless of who's time it is with our son, he will be with them while we work. When I am done work I have our son until she picks him up.

She only works 3 days a week yet lies about her work times. I know this because I work in the same company she does and our department frequently visits her office building and she isn't there when she says she is. So, even on her days off, she drops our son off with me or my parents at about 9 AM nd doesn't pick him up until close to 7 PM. However, she is being fired from her job as of this week due to always being late and misconduct. She is also in risk of being evicted due to being so far behind on her bills and rent. Yet, she has a brand new 2015 Subaru.

Her older son's father spoke with her grandmother and her grandmother told him to go to court for custody and she told him that she would testify on his behalf. She told me that she would testify on my behalf as well. So it happens that I will be filing for custody at almost the same time that her older son's father will.

My living situation is I own a 3 bedroom home with no mortgage. I work at a stable job 9-5 every weekday with an excellent health care and dental policy. I also get 10 sick days each year which roll over yearly up to 90 sick days. I also receive an automatic 3 week vacation every year which can be broken down to days and even half days.

I am anxious about filing because I have never been through a process like this. What would be good questions to ask my attorney when I meet with him for my initial consultation? If he asks what I would like in a custody agreement, since I've never been to court before, what would be a reasonable answer to give him?
If you weren't married you have no enforceable rights. You need to go to court. If an attorney gives you a guarantee, walk away. You want realistic outcomes and there is NEVER a guarantee in court. You need to make sure you have established paternity. You also want to ask about joint custody and the realistic outcomes of that.
 

mc123

Junior Member
Okay I will do that. Paternity has already been established. My father was a juvenile PO and is friends with one of the most respected family law attorneys in my county. As a favor I was able to speak to him about the situation and he gave me the number to an attorney in her county. With the idea that I will be told the honest truth and won't be chasing after butterflies... whatever that means. But if he promises me more than what seems reasonable I'll move on. Thank you.

On the other hand, her older son's father has his fiance threatening her non stop with talks of sole custody, etc... so I'm staying away from them.
 

mommyanme

Member
Okay I will do that. Paternity has already been established. My father was a juvenile PO and is friends with one of the most respected family law attorneys in my county. As a favor I was able to speak to him about the situation and he gave me the number to an attorney in her county. With the idea that I will be told the honest truth and won't be chasing after butterflies... whatever that means. But if he promises me more than what seems reasonable I'll move on. Thank you.

On the other hand, her older son's father has his fiance threatening her non stop with talks of sole custody, etc... so I'm staying away from them.
Yes, stay out of their drama because he might find his new mate will hurt him if she doesn't learn to be a bystander.
Don't let an attorney talk you into slinging mud either, it makes you look bad. Ask for mediation, because you may find that she agrees to your requests. Document everything, you want to be able to show that you have had and do have an active roll in this child's life.
 

not2cleverRed

Obvious Observer
If you're not already doing, start keeping a log book of EXACTLY when exchanges are occurring. While a personal logbook is not admissible, it can help to remind yourself as to what actually has been happening, so that you can be more confident and consistent in your statements.

If this goes on long enough before going to court, you might ask for a modification to at least the actual visitation/custody that is occurring, as status quo. If your son is spending a lot more time with you, by his mother's choices/actions, then this might be a change of circumstance, and it would be in the best interest of the child, long term, to have orders that reflect reality.

A concern I have is that it sounds like your son's mother's behavior has drastically changed in the past few months. Is she ill? Does she have a substance abuse problem? Would you be willing to take a drug test? (Never ask for a drug test for the other parent unless you're willing to take one yourself.)
 

mc123

Junior Member
I tried to respond but was flagged for moderation. Not sure if I wrote something I shouldn't have.
 

TinkerBelleLuvr

Senior Member
If you're not already doing, start keeping a log book of EXACTLY when exchanges are occurring. While a personal logbook is not admissible, it can help to remind yourself as to what actually has been happening, so that you can be more confident and consistent in your statements.

If this goes on long enough before going to court, you might ask for a modification to at least the actual visitation/custody that is occurring, as status quo. If your son is spending a lot more time with you, by his mother's choices/actions, then this might be a change of circumstance, and it would be in the best interest of the child, long term, to have orders that reflect reality.

A concern I have is that it sounds like your son's mother's behavior has drastically changed in the past few months. Is she ill? Does she have a substance abuse problem? Would you be willing to take a drug test? (Never ask for a drug test for the other parent unless you're willing to take one yourself.)
IF there is no court order, this is an INITIAL determination of custody. Status quo is a big part of it.
 

mc123

Junior Member
Am I supposed to use this post for this since it's old?

She texted me last weekend that she won't be picking up our son. She hasn't contacted me since. The last message was "you're taking me to court anyway. This way everyone gets what they want."

I asked her then if it would be OK to switch doctors to my county because of the distance I would travel she said she could care less. He was behind on appointments and a shot when she told me he was up to date. All of that is taken care of now.

Her grandmother called me. I've found out she checked herself into a rehab program. Hoping to be out in a few days with a clean bill of health so it will look good for court (exact words used).

Now my attorney from her county told me to contact the one in my county instead. Just curious as to why because the DNA testing and support order were both done in her county. He never really gave me a clear answer.
 

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