I need information on how to obtain temporary custody of my children

[Sharlie]

I need information on how to obtain temporary custody of my children and how to make their father pay child support. We have not started any legal action for our divorce yet, I can't afford that just yet, but he has just recently started coming around encouraging our twelve year old son to move back in with him and threatening me that he will do what ever it takes to take him away from me. We left in May of this year, for the last time. There is history of domestic violence, and this last time, he was threatening our children.
Please if anyone knows what I can do, please let me know.
Also I have tried several times to obtain a restraining order against him, I have numerous police reprts, pictures where he has beaten me black and blue, but they still refuse to issue a restraining order. I need help.... Please
Thanks,
Sharlie

 

[Duranie]

You cannot get legal custody of your children unless you file a motion in court asking for it.

The best way to do this is to see an attorney, but you can do it yourself if you know what you are doing.

If neither of you have no money for an attorney you can see if he will agree to family mediation.

Unless there is a court order giving either of you temp. custody both of you have equal rights to the kids.

Just because he has a history of DV does not mean you will be giving full custody automatically.

If you qualify for legal aid, you can call them.

 

[Sharlie]

Thanks Duranie,
That helped.
S