Tuesday, November 22, 2011

I need some legal advice. My soon to be exhusband is trying to take me to court for child custody...?

I moved back to the states from Germany in April (he is in the army). I moved in with my father. I used my tax return to buy a car and the $400 in child support to buy my son food and a stroller etc... Well because of problems with my family I've moved around a lot....at least once a month. So my mother offered to take my son while I got everything settled down. I said yes. Shortly after that, a not so well chosen friend decided she didnt agree with my parenting...or me. So she called CPS and an investigation was started. They found the accusations unjustified, but still asked me to sign temporary custody to my mother and complete parenting classes. I made it to 3 of the 4, i missed the last one because my grandmother became ill and I had to help my family move her from CA to TX. Now...about my ex. While I was in Germany, after we got a separation agreement, he moved into the barracks and I kept our apt. I had to call him multiple times a day to take me to the commissary, andI need some legal advice. My soon to be exhusband is trying to take me to court for child custody...?
he can do all he wants no court in this country or germany would take a child away from a mother especialy since he will not be able to b the primary care giver unless he leaves the army its not like he can hire a baby sitter when he deploys. ps if ur seperated u loose all your commisary and px privlages although tri care will still be availible for the childI need some legal advice. My soon to be exhusband is trying to take me to court for child custody...?
Your question ends right when you start talking about your ex. Can you add more details?
I feel very bad for your child. It sounds like no one in this picture, not you, your mother, or your husband is really concerned with him.





You need to make a list of what is MOST important to you. Right now it doesn't sound like your son is #1 on that list as he should be.





Get a job. Now. I don't care if it's at McDonald's full-time, just get it ASAP so you can get your child back.





Once you have your child back then ask your ex to pay child support. The court will award it even if the custody agreement has not been settled yet. They should grant it to you at least temporarily.





Stop relying on your ex-spouse to do ANYTHING. It sounds like you are waiting for him to notice that he has a child who needs him. FORGET IT! He doesn't care about the child, you said that yourself several times, so forget about him. Raising this kid is up to you and that's it. You had him on a schedule. You got him off the bottle and on to a cup. You're the only one in this picture who is even trying to be a parent so keep it up! All you'll be able to get out of your ex is a little money. He'll probably never get the furniture shipped over to you so go to the thrift stores when you get paid and by some furniture bit by bit.





Find out if there is Section 8 housing in your state and apply. Get food stamps and any other help from the Fed and State that you can. Find out if any churches in your area have Food Banks. Look to groups for help until you make some friends.





Don't trust your mom or your ex. Sounds like they are ganging up against you to take your child away. Like I said, get a job at the nearest fast food place and start a new life without them in order to get your son back.





Find out if there is free legal aide in your town or state.





Oh, the car. Sell the car for parts and buy a used Toyota or Honda.





I'm sorry your family seems to be a lousy one. You can do this on your own. You and your son are your new family now. Once you make some friends you can trust they will be your new family too.





Make a list of all these things to do and DO THEM. God bless you.
To start with your answer, Mr. Roberts is way off base. You will not lose your commissary or PX priveleges as long as you are still married and are in legal possession of your dependents I.D. card.


As to your situation, you should contact a legal aid attorney since it sounds as though you cannot afford an attorney to handle your situation. You can contact your local court house or county attorney's office for names of legal aid attorneys who can assist you.


As to your husband and his part in this mess. You should as soon as you have an appointment with an attorney give them your husbands address and where the name of his Commanding Officer. The attorney can send a letter to the Command and request assistance in dealing with your husband. He is required under Military Law to support his dependents and is evidently not doing that. When I filed for divorce from my ex-wife, I had to provide support for her and my two children until the divorce and then I provided child support and medical/dental for the children.


You definitely need to contact his command and request assistance from there. You can also contact the nearest Reserve or National Guard Center and talk to their Seargent Major or other Senior Enlisted and see what they suggest for you do to.


Best of Luck in your situtation.


P.S. Ask the attorney to assist you in seeing your children or getting a new caregiver for the children until the situation is processed through the courts.
You can get free legal advice on websites like LawGuru, FindLaw. Check this out for more info http://www.uelp.org/freelegal.html

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