temporary reversal of child custody

[sapeters]

My sister just lost custody temporarily in the state of Kansas, to her ex who recently moved to Frisco, Texas, about 900 miles away. The circumstances surrounding this are that she had an incident in her home in which her live-in boyfriend overdosed on cocaine, was unresponsive, then violent. 911 was called with officers and ambulance sent to the home. He was arrested, resisted arrest and did not know who he was or where he was. A search warrent was obtained and about a half pund of marijuana was found in the bedroom as well as a bong. My sister was arrested as well. The officers found her 10 year old son hiding under covers in his bedroom and he was visibly shivering and shaken up. Her ex husband found out and filed for urgent temporary reversal of child custody. They share joint custody now, although he has never played much of a role model for their son and has never spent regular time with him. The jugde awarded him temp. custody in the best interest of the child, knowing full well that knothing is known of the living conditions in Texas. There will be a permanent hearing for custody down the road. The judge is giving my sister time to get clean, she is a recovering addict. She is seeking treatment as well as is her live-in boyfriend. They also have a 3 year old son together. Did I mention that her ex husband is a recovering addict as well, as is his new wife. What are the chances that she could lose permanent custody of her son? What can she do to improve her chances? There is so much more to this story - her ex is bisexual, has had countless relationships with men and women, has moved at least 10 times in the last 8 years, has lived with at least 3 different women and one man etc. Does my sister need an attorney that specializes in these cases? Where would she find one, she lives in Hays, KS. Any advise out there? Can I find an attorney for her, I live in Lincoln, NE, better resources here.


Thanks,
Concerned in Nebraska

 

[justmejordan]

Well, I don't know much about the laws of either state but to be perfectly honest with you, neither home sounds fit to have this boy at the current time. I am sure the judge awarded temp. custody to the father due to the cicumstances at your sisters home and typically they would allow the other parent to have custody in this situation when they ask for it. Is any other family memebers available to have temporary custody in the same town where your sister lives, grandparents of the child? This is a real tough situation and as long as the Father hasn't been abusive to the child, nor the step mother and if they are living a "clean" life then there is a good chance that this child may not be returned to the Mother at all, especially if she stays with the live in boyfriend. What happended to the other child, the one your sister and live in boyfriend had together? Definitely contact an attorney immediately, one that specializes in family law. Temporary court orders sometimes can last for years and by then this little boy will have a bond, school relationships and so forth and it will be much harder to have him removed at that point, this is something that needs to be acted on NOW! Has your sister gone through treatment before to become clean? If so, and she is relapsed, that could be used against her more so then what the father's past has been, the judge will look at the circumstances now and seeing that the Father and new wife are clean, married and living a so called good life, then why would a judge want to order the child back with a rebounded addict Mother and live in boyfriend? That isn't meant to sound mean, I too have past drug addicted family members and I know and believe that people can change. There are a lot of circumstances involving this case and your sister needs to start fighting to get her son back now and certainly will need your support along the way. Best of luck to all in the situation.