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Emergency hearing soon

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Bambi09

Member
What is the name of your state? What is the name of your state? Nc hi,iam the grandmother of a 5 year old boy and the father is my son. hoping you guys can give some really good advice my son has filed an emergency coustody hearing that is to be heard on Tuesday
The grounds listed mom,who is custodial, left son with dad since June and has saw only 5 times since then with 2 overnights in October, mom hasn't had to pay for anything since 2017 for their son,dad paid it all. In 2017,mom left my then 3 year grandson choking on a quarter with her grandmother to handle instead of taking care of him just so she could go to work. The grandmother called my son who called 911 and met them at the grandmother's house.
At the hospital, the quarter was find lodged in his throat and they had to do surgery to get it out. After they left the hospital, my son brought him to my house where my son lives also,a month later the parents got back together and all 3 have lived with me til June of this year. In june,the parents broke up and mom left,leaving her son with dad. In October,mom gets married and now wants her son back Dad is afraid mom won't take care of their son based on the quarter incident plus mom has left him home alone, ince with a fever . Dad didn't file anything with the court at the time because moms dad is the city attorney and he never got a fair hearing back in 2015 during the orginal coustody hearing, for example mom had let then 2 year old get out of house,walk 3 blocks ,got in road and was almost struck by a truck. The police who picked him up charged mom with negligence and cops was called but nothing was done and the judge wouldn't allow his lawyer to use it.
There was a hearing last Tuesday but the judge was honest and said he had to rescue himself from the case because he knows the family.
The orginal order was mom was primary and dad secondary THey both had physical and dad did pay child support up to 2017 when they all lived with me. Parents never married, paternity was established early on.
The question is,does the father stand a chance at getting temporary coustody based on those facts or has he missed his window of opportunity? Both parents have lawyers but his says he needs to do 7 on 7 off til it gets heard in a regular hearing but the father is concerned, given moms lack of caring,that something bad will happen to his son
 


Zigner

Senior Member, Non-Attorney
I'm sorry, but I don't see what the emergency is.
Your son is represented - he should be speaking with his attorney. This is his matter to deal with.
 

Bambi09

Member
I forgot to add,since mid October mom is trying to go back to the original order which hasn't been followed since 2017,which means the father gets him eow,even though that would mean eow even though the child is in kindergarten in dad's district and the child would be alone the majority of the time with moms new husband ,which the child doesn't know very well, having met only 3 times Also,I forgot to mention the new husband was an active warrant in another state for tattooing a minor a misdemeanor at best
I'm sorry, but I don't see what the emergency is.
Your son is represented - he should be speaking with his attorney. This is his matter to deal with.
 

Bambi09

Member
Even though mom has clearly demonstrated lack of concern and safety for her son? Would you not consider that she willingly left him with dad some type of abandonment seeing as how she was custodial but not offering a dime of support or medical care? How will all that play into the big picture when they finally do go to court for modification of coustody
 

Just Blue

Senior Member
Even though mom has clearly demonstrated lack of concern and safety for her son? Would you not consider that she willingly left him with dad some type of abandonment seeing as how she was custodial but not offering a dime of support or medical care? How will all that play into the big picture when they finally do go to court for modification of coustody
Dad has an attorney. That attorney knows more than strangers on the net. You should not be posting your son's legal situation on the internet. Let your son handle it himself.
 

Bambi09

Member
I guess you are correct. I just thought maybe someone on the forum might be able to share their experience and outcome based on similar facts
 

LdiJ

Senior Member
I guess you are correct. I just thought maybe someone on the forum might be able to share their experience and outcome based on similar facts
I am sorry, but dad really doesn't have what most judges would consider to be a viable emergency. Therefore the new judge is likely to set it for a hearing some time in the future. What rationale does dad's attorney give for saying that they must do 50/50 until a judge makes a ruling?
 

Zigner

Senior Member, Non-Attorney
What rationale does dad's attorney give for saying that they must do 50/50 until a judge makes a ruling?
That would be a great thing for the father to discuss with his attorney, since it directly pertains to his legal matter.
 

Bambi09

Member
But wouldn't it defect the purpose of showing child isn't safe with mom til mom herself proved safe worthy. My son thinks she has detachment issue and has requested a psychology evaluation. The response was only if he took one too and paid for both of them The mom said she didn't want to pay child support nor help pay for her sons tuition at the private school he attends. The father pays for all tution ,clothes,shoes food and toys. Mom has paid nothing since 2017 for her son
 

Bambi09

Member
The father is terrified that if he goes with the 7 day schedule that if something did happen to where his son needs urgent medical care,mom wont seek it or do what she has always done,leave it to someone else to deal with
 

stealth2

Under the Radar Member
Mom isn't required to pay anything w/o a court order. And she did not abandon the child - she left him with his other parent. As for private school tuition... That was Dad's choice, right? He may find that a judge orders him to pay if it was a unilateral decision.

I suspect the lawyer believes the best Dad will get is 50/50...
 

Bambi09

Member
They both agreed on the private school last year for pre k . In August, mom told dad she was leaving to go with then boyfriend to vegas to live and only wanted summers. In late September she changed her mind and her and now husband got an apartment in October and now wants everything to go back to the way it was like her previous actions don't count. I would think since they all lived together for almost 2 years and she left without taking him,the father should have stayed queta
 

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