Can she take him back?

[Zigner]

You didn't see or hear from your kid for 7 years because of not knowing what to do and not understanding your decree.

You need an advocate in your corner.

You make an excellent point.

 

[Murph0228]

You didn't see or hear from your kid for 7 years because of not knowing what to do and not understanding your decree.

You need an advocate in your corner.

Yes, I have help now from my girlfriend but she isn't a lawyer. Just has knowledge about it from her own circumstances. I can not afford an attorney.

 

[Murph0228]

No...

Think of the terror your son feels when watching his mother get beaten by her BF and the danger that places him in. Also consider that your son is learning how to treat women from this "man". You need to do everything in your power to make sure he is safe and protected...and until his mother get help that means living with you.

This is EXACTLY why I do not want him to return to that household! I know the risks and danger! And feel exactly as you watching and learning from this "man"!

 

[Zigner]

Yes, I have help now from my girlfriend but she isn't a lawyer. Just has knowledge about it from her own circumstances. I can not afford an attorney.

That is the blind leading the blind. That's not an insult, it's an observation. You cannot rely on the experiences of someone else who had an entirely different set of circumstances when you are trying to deal with your own complex and quite important matter. You need to figure out a way to get assistance on this.

 

[Murph0228]

That is the blind leading the blind. That's not an insult, it's an observation. You cannot rely on the experiences of someone else who had an entirely different set of circumstances when you are trying to deal with your own complex and quite important matter. You need to figure out a way to get assistance on this.

I understand that but she knows a lot more than I ever did and I appreciate her help with this complex issue. There is no way I can afford an attorney in this case. It is impossible. I'm doing what I can to protect my son. It's a shame there is a price tag on that.

 

[xylene]

If you found out your kid was sick and you felt you couldn't pay for help what would you do?
I know this isn't a one to one metaphor because of insurance and medicaid etc...

Borrow some money. Crowdfund. Sell your car. Sell your belongings. Ask any relatives. People in your faith community. Look for legal aid workshops. I know it isn't easy, but you're strong and you can figure it out.

 

[Just Blue]

If you found out your kid was sick and you felt you couldn't pay for help what would you do?
I know this isn't a one to one metaphor because of insurance and medicaid etc...

Borrow some money. Crowdfund. Sell your car. Sell your belongings. Ask any relatives. People in your faith community. Look for legal aid workshops. I know it isn't easy, but you're strong and you can figure it out.

This is an EXCELLENT post.

 

[Murph0228]

If you found out your kid was sick and you felt you couldn't pay for help what would you do?
I know this isn't a one to one metaphor because of insurance and medicaid etc...

Borrow some money. Crowdfund. Sell your car. Sell your belongings. Ask any relatives. People in your faith community. Look for legal aid workshops. I know it isn't easy, but you're strong and you can figure it out.

No one to borrow from. No car to sell and no belongings worth anything. All I have that is important is my son. I've looked into legal aid and I don't qualify. I have tried every avenue I can think of. The only thing I have that is solid is the backing of the CPS officer that came to visit us about her open case. He knows my son is in the best place and will back me up. I'm trying to handle everything on my own but that appears to not be enough? We are talking thousands of dollars here. That's not easy to come up with.

 

[Just Blue]

I understand that but she knows a lot more than I ever did and I appreciate her help with this complex issue. There is no way I can afford an attorney in this case. It is impossible. I'm doing what I can to protect my son. It's a shame there is a price tag on that.

Believe it or not but many attorney put themselves in the poor house by pro bono or reduced fee cases.

 

[Murph0228]

Believe it or not but many attorney put themselves in the poor house by pro bono or reduced fee cases.

I wish I could find one this generous.

 

[not2cleverRed]

No one to borrow from. No car to sell and no belongings worth anything. All I have that is important is my son. I've looked into legal aid and I don't qualify. I have tried every avenue I can think of. The only thing I have that is solid is the backing of the CPS officer that came to visit us about her open case. He knows my son is in the best place and will back me up. I'm trying to handle everything on my own but that appears to not be enough? We are talking thousands of dollars here. That's not easy to come up with.

There are need based organizations that might be able to help you. Ask/google around.

Additionally, since your son has witnessed domestic violence, perhaps you can get some help from the local domestic violence program(s) - at the very least, counselling for him. Sometimes they also offer legal help.

 

[Ohiogal]

Get a restraining order against the boyfriend. Start there... File a CPO as next friend of your son and protect him from the boyfriend. There are organizations that will help with that.

 

[LdiJ]

This is what the Florida courts say about temporary custody:

This form should be used by an extended family member to obtain temporary custody of a child or children pursuant to Chapter 751, Florida Statutes. This form should not be used if you are a parent seeking to establish parental responsibility or time-sharing with a child or children.

An Extended Family Member is: A relative of a minor child within the third degree by blood or marriage to the parent; OR The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child(ren)’s parents as an adverse party.

You may file a Petition for Temporary Custody if: You have the signed, notarized consents of the child(ren)’s legal parents; OR You are an extended family member who is caring full time for the child(ren) in the role of a substitute parent and with whom the child(ren) is (are) presently living.


Doesn't look like this will apply being as I am his Father and not extended family?

This post is a perfect example of why you NEED an attorney. There is not and will never be a form for everything that needs to be done. Sometimes you just have to make up your own document asking for what you want, and you do not know, and do not have time to learn the necessary language to do so.

Basically, what you need to do is file a motion asking the judge to leave the child with you, since he has been living with you for xx amount of time, there is an open CPS case against his mother for domestic violence in front of him, and his mother is trying to take him back. This needs to be done on an emergency basis for those reasons. So that she cannot take him back until the custody case is heard.

You are clearly not going to be able to do that on your own, so you NEED an attorney to help you.

 

[stealth2]

At the end of the day, you can't afford NOT having a lawyer.

 

[Murph0228]

Still doesn't change the fact that I don't have the money to pay for one. I know I need one. But that doesn't make it a possibility if I can't pay for one.