| Gecko |
| (Carpal \'Tunnel) |
| 02/23/12 01:57 PM |
Re: Legal Help with Emergency Custody Hearing
|
When my son came home he told me his father would "beat him like a man". My daughters said they would plug their ears so they couldn't hear my son screaming. My ex considers that spankings but I'm sorry, you don't do that to a 15 year old child. I'm talking punching, bruises, beating him all over with a belt.
---> Then THAT should be addressed. But any DV occurring prior would be inadmissable.
My oldest graduates this year and is coming here to go to college and live wit me. I don't want any of them living with him to be honest.
---> Huh?
My husband was in jail that long because he was on probation and they put a revocation bond hold on him. He did have a $300 bond for the DV charge but the revocation hold and the continuances are what kept him in there so long. :(
---> What is he on probation for? Have the DV charges been dismissed or heard?
I contacted the attorney I had before here in my state. This is what she said:
---> Let's keep this simple...PM me with the State of your Divorce Decree and the States of the two Modifications (where you transferred custody to your ex and where custody was transferred back) Also, will need the names of the states ya'll (you and ex-husband) lived from time of divorce on.
Does she mean I SHOULD file a motion to dismiss for lack of jurisdiction as soon as I receive the petition even though it's obvious now that they do have jurisdiction? Is she telling me to do that just to cover my bases so I won't lose the opportunity later?
---> Yes. Your son LEGALLY lives with you, thus you can argue that proper jurisdiction lies with the state of your son's residence.
I have the waiver from my ex's attorney. She told me to mail it back and fax it and she'll email the papers when she gets the fax so that was nice of her.
---> Yes...you need to get those papers ASAP so you can find out exactly on what 'grounds' your ex is requesting a change of custody. Undoubtedly, it's going to be tied into your husband being charged with DV...which is why ya'll need to get an attorney and get those charges dismissed or dropped or found not guilty.
---> Speaking of which, from what you described: "He started moving towards my husband and reaching for his pocket (he has a history of pulling knives on people, including me) so my husband had had enough and pushed him back saying "your mother said go to your room and you're going." that is NOT DV. If you feel threatened, if someone enters your 'personal space'...you ARE allowed to 'push' them out. The 'problem' here is...what happened when "He and my husband ended up in his room....."?
---> Now comes the REAL problem. Regardless of which state this matter is heard in, the Judge is going to want to know two things: 1) why are ya'll fighting for custody of a child that NEITHER of you can control and 2) what are you going to do with said child if you are granted custody? And don't forget about DV charges against your husband because the Judge isn't going to allow a child (including ya'll's daughter) to remain in a potentially dangerous situation.
---> So while you are waiting on the papers from your ex's attorney and preparing your objection to the venue, I suggest you start checking into problems for 'troubled' teenage boys. And don't worry about having to pay for it all by yourself...your ex will be required to open his wallet.