emergency ex parte

[angelallen]

My husband has had his son since Nov. of 2005, when the childs mother called and asked him to come get the child, he currently pays 400 dollars a month in child support and has not seen a dime, even though the child has lived with us for over 7months, he wants to get custody but we can't afford to hire a lawyer still paying child support for a child that is living with us. This weekend out of the blue the childs mother called and wants him back. Can he tell her no? He has been thinking of going to court and representing himself since we can't afford a lawyer and we don't want the child to go back with his mother. The mother has a drug problem and never works. She only supports herself with child support. Can we get an emergency ex parte order if she comes and try to get the child after 7 months? What are the chances of us winning custody?
Help us please!

 

[Duranie]

Your husband should at least file the paperwork himself. He MUST get custody if he wants to discontinue child support. The fact the child has been with him for 7 months, he does have a chane of keeping custody. He needs to go down to the self help/law library part of the superior/family court and file for custody.

 

[angelallen]

Thanks for answering. How hard is it to file for custody yourself ? does the judge tend to be harder on you if you don't have representation? Should we file child support on the mother through the attorney general? I also wanted to clarify that the child support in this case is the smaller issue. Custody is what we are going for, but I just can't undertand how she justifies using his money totally on herself. I also did a little research in our local county database and found that the mother has 2 warrants in our county, one for revoking probation for DWI and another for motion to adjudicate guilt for posession of marijuana. And in the state she lives in, OK, she has 4 traffic ticket warrants and one failure to appear warrant. I am praying for custody because I know the child will definately be in a better enviornment.