He Got Temp Custody

Added: I would get a new lawyer if this one is dropping the ball.

You MUST phone your lawyer on Monday to make sure he keeps up on this. Also, if your husband has custody, I don't see how you can keep the kids away. Does he have FULL custody or joint custody? I would NOT want to appear to be disregarding the judge's orders.

Lastly, and I don't mean to be rude, but what does your husband have on you? I don't know any man who has gotten custody without proving the M. is unfit. If you are doing drugs, drinking, or whatever and you want your kids back YOU MUST CHANGE before you get the kids back. Otherwise, he will get permanent custody. If he lied, prove it. Get a drug test, a psychological evaluation, or whatever.

yes you can get arrested if you don't turn your son over, if he has custody. but your lawyer sounds like he isn't doing his job or a very good job. your lawyer should be working with ex's lawyer & should have had the paperwork to know what was going on.

First of all the time frame you speak of he could not have got a hearing. They are usually scheduled a month out. If you are hiding and can't be served the court really doesn't care and really doesn't like games like that.

Yes you have now kidnapped your son and there will most likely be a warrant out for your arrest.

Sorry to be the one to tell you this but ignorance of the law is no excuse and you need to grow up quick. Everything you have typed are things that really piss the court off and you could lose custody in the long run because of it.

" I wasn't hiding, I just went ahead with my plans, and we didn't know he was going to be up that night. We went to the parade the next day, then back over to my friends for the official birthday party, then came back to my mums that night." You knew you didn't have legal custody and went around without any regard for the transfer of the child. You kidnapped him! You need to grow up! The court is going to see through this!

I would also like to point out that your behavior this weekend just gave him enough proof that you dodged notice of the hearing you say you missed. I can just see it, well your honor she knew Friday she lost custody but instead planned her weekend so that I could not find my son. Are we to believe she didn't do the same thing to our notice server. You lose!!!

If he has papers all he has to do is call the police and have them read them. If they see that you are not following them they can arrest you and they can forcefully remove the children. You do not currently have custody of these children, he does. You need to follow the court papers to the letter or he will have you arrested and that will NOT look good to the judge when you do get your day in court.

I know this to be fact because I have had my daughters ex arrested several times for being late to bring my grand son back from visitation. I called the police, showed them the visitation papers, they asked him why he had not complied to the order, he said he was running late or too busy, some excuse or another, they took my grandson out of his house/car and put him in mine with him crying for his dad and trying to climb out of the window. I felt like a heel but he was on time at least 3 weeks after that then again he'd be late or not show up at all.

As sad as it is, he has the upper hand right now. They did this on Friday and late in the day just to fool the court system and your attorney.

omg, i don't have a lick of advice. just wanted to say i'm sorry. this must be heartbreaking & scary for you, as it would be for me. not sure if you're a christian, but i am (!), so i'm gonna pray for you & your sweet little boy. your ex sounds manipulative, just based on the fact he's trying to file an injuction for abduction - i mean really?! c'mon! he KNOWS you didn't abduct your child for crying out loud, he's just being manipulative & threatening. i'm sorry. i don't even know what to say.... :(
prayers going up for you now. it'll turn out okay, God knows exactly what he's doing, so just try & have some peace in that.

I'd hire a new lawyer yours sounds like he's dropping the ball! The lawyers should communicate even if you didnt get served the court date your lawyer should have gotten something.

you say he doesnt have anything on you but bad housekeeping. If he has pictures of a gross house I can totally see how he got awarded custody. It's very rare that they award custody to a dad.
CPS has taken kids out of the home on more than one occasion when it's a messy, dirty, unkempt environment.
As for the court date and you missing it, if the mailings were all done properly your excuse for not receiving the notice of the court date will not fly. You better talk to your lawyer asap. Good luck.

Ask your lawyer immediately what he has in writing. All court actions are put in writing and sent to both your lawyer and to you. If you haven't recieved them at your new addresss that is no excuse. Your lawyer was also given a copy. Ask to see what is in writing and then follow what is says exactly. Judges are NOT happy with people who say "I didn't know so I just did what I wanted to do".

Sounds odd to me. I would try to contact the court asap. Since you have an attorney, he needs to get to the bottom of this immediately.

I totally agree with Cheryl O. I have no idea about any of this, but her response sounded so intelligent...hehe.

Mostly my heart breaks for what you're going through! How frustrating and upsetting! I hope so badly that this isn't how things are going to go the whole time and that things can get worked out. Hopefully your mom will know to give info when it's asked. It sounds like she was feeling protective of you, which I can totally understand. What a sweet mother.

Anyway, big ((((hugs)))) and keep us posted on things.

Sounds like something funny to me. The court should be sending information directly to your lawyer about court dates, etc. Your lawyer should not be getting it from the other lawyer. They would give him temporary custody if you do not show for a hearing, but if you did not know about a hearing it's hard to show. Let your lawyer handle it. If there is not papers in your hand or his there is an issue. Like I said your lawyer gets a copy of all paper work from the courts, including court dates. You are not hiding your son he obviously knows where he is and where to send paperwork to.
I see something about you not keeping good house. I also see something someone said that if he had pictures he could get you on that. Well he lived in that house to so he kept a gross house as well.

Updated

I wanted to say that if there are questions about who gets custody a social worker will get involved and check out each house and talk to each parent, etc. They will make a recommendation to the courts. Your child may also wind up having it's own attorney that is appointed by the court. This attorney only cares about the child's best interest and not yours.

Be prepared and gather evidence of why you had to move out of the house suddenly, can you get a letter from your friend that was on the phone when he was arguing with you? I cannot remember if you contacted him and let him know that you were at your mothers but if so and he did not communicate that to the judge you can state that he was well aware that you did not recieve the notice of a court date and that he continues to manipulate and play games with you.

If you have a hearing set up for Tuesday, I would send your son to your Ex for now so you are not in violation, and than present your case on Tuesday. So sorry you are going through all this.

Federal laws will not let fellons work in gun shops, they may NOT be caught with possession of guns at all. I know this because my husband has a gun shop.

How did they have a hearing without sending your lawyer something on it? It seems to me that perhaps your lawyer may have dropped the ball on this. Hopefully all will get straightened out on Tuesday. Good luck