agreed to Tempory order & I feel like I have no rights?

I have a three year old son that is living in MS with his father.I am married and live in Arizona now.Me and my husband have been fighting to get my son since we been here.I hired a lawyer in MS because of a jeristiction thing.I signed tempory papers in July 2005,at that time I was told in order for the father to take care of my son legally I had to sign those papers for medical purposes and daycare or he had not right to do so.My lawyer at that time was throught the state.I did not know what I was doing,I just wanted my son to be in a safe invironment and around people he knew.until I was stable and could take care of him on my own.Me and the father were never married.Never would I have signed them if I knew what all would come of it..I would have took him that day!Basically I feel like I have no right as a parent..the father lives with his mother and she is the one who takes care of my son..I have to go through her for everything!Even when I call the father and ask him he says "ask momma"or"call momma.Even on my weekends when I lived in the same state they would make excuses on my weekends so I could not get him.Me and my husband own a home and very much want my son with us.We have been fighting for custody since we been here.Kim the grandmother promised me and my husband that Landon could come and spend the summer with us..But after we moved and that time came closer she said he couldn't come because of daycare reason's.So I did not get to see my son until Christmas last year..I even called her months in advance to ask her if I could get him on Christmas day because the year before they had him on christmas day.She told me a couple of days before I was coming I could have him the weekend before.I was upset and let her know my papers said I was to get him..she said no that I had odd numbered years and that it was their year.So basically I had no choice I already had bought tickets to come and I had not seen him.The father and I can not talk when we do he is very rude and judgemental.I ended our relationship because of that.I am glad that my son is being taken care of by his grandmother,but I am the mother.I have missed way too much because she wants the say so of my child.The father is never around and has a underage girlfriend that is still in high school.She is on a list to pick my son up at daycare and I am not!I have since got my son in July and Spring Break but I had to go to MS because they wont let him come out here to visit.They gave me trouble in March for Spring Break saying he couldn't because of daycare.I brought a cop to the house to get him and she refused s I went to my lawyer and filed papers and she gave my Landon at 2 that afternoon for the week..I paid daycare to get my son that week.It has been very hard with the lawyer I have had throught this he is old and could only talk about my case if my papers were in front of him and notes he would write or have m write.It is frustrating I had a court date in August but right before it got here my lawyer sent me papers saying he dropped withdrew from my case.All I want is my baby I have had a pi follow the father,but came up with nothing and basically was told if I could not get dirt on the father and prove it and it effected my child that it was not going to happen.I find this crazy..please help me I want my son here with me..instead of being taken care of many different family members.It would just be me and my husband here.If the father was being there I would do joint custody,but his take on that was some mabo jubo about income taxes so that is all he is worried about.Me and my husband don't care about that we have a stable invironment.I moved to Arizona because my husband was station here he's in the Air national guard and we have been able to get our life in order with Landon on our mind the whole time.What can we do???

I'm pretty sure you have to file a change of custody petition with the court in MS. The judge will decide whether it's in the best interest of the minor child to be transferred to your custody. If he doesn't know you anymore, then you'll probably have to start with visitation to build a relationship with your son. Then you'll be in a better position to actually gain custody.

Medical and Agreeing to Custody

I too, once had medical problems requiring hospitalization. I could not figure out how long I would require care and I was very sick. Much like you I too utilized the only process available to me in order to ensure that my son stayed out of foster care, but was in a good environment. There is no health insurance for single women with children that provides for the child while the mother is hospitalized. There are no cancer hospices or shelters. And if you cannot work, you cannot be in a family shelter. Disabled or not.

At the time, the father refused contact, and I petitioned Navajo Nation through a California court. While I am transferring the child to the father, voluntarily, he has nothing to say except that I am mentally ill and that I did something to the child. As he got custody, he left with my son, and I ended up homeless on the streets. I was refused medical care because I had no insurance. It took me a long time to get through that. But I attempted to contact the child on many occasions but was denied or distracted by the father. I'm outside with the sheep, the child is still at school, any excuse, he's too young to visit with you and travel, etc. Eventually I negotiated contact onsite, after large blackmail payments and gifts.

When I was again refused Joint Custody visitation as ordered in CA; it was now being denied by the father. The day the child was to go with me he kicked me out in the middle of the night for no reason and filed a TPO on me. I got an attorney, and I"m so glad that I did. The first attorney got me through the TPO, however was hard to connect with for the next step. She advised that I go through social services and request supervised visits with the chid. I called around for advice and was told by another attorney who I hired that I could file a Paternity Action, and because I had physical evidence of porn in the home accessible to the child, I was granted emergency temporary custody. The father refused to turn over the child and he was placed in red flag status.

Since that day the tribe has done everything in its power to overturn that order. They have tried to use my medical situation in CA years ago, as a weapon against my ability to parent, that I abandoned the child, that I harassed the father's family while attempting to allow the child to visit with relatives who couldn't see him through the father. They tried to use my history of arrests and direct action which doesn't translate well on a police report. They did everything but explore any point against the father. I only maintained my sanity by believing that this exploration to vett me as a primary custodian was in the best interest of the chid.

I advise that you go through an attorney, and you go and participate in any and every process that is out there to be with your child. Whatever you can do to cooperate is the only thing that you can do, but be very careful you don't implicate yourself in anyway. This can be difficult because sometimes when answering questions you can tell the truth, and they can take your child. And if they catch you varying answers on questions, they can get you too. Especially regarding depression or mental health related issues. My issue had to do with chemical exposure and contamination with Lead as a Toxic Hazard and a Building Condemnation for Uninhabitability and my blood tested positive for lead. Lead can cause emotional problems, especially when untreated and without justice. Lead contamination according to the CDC causes emotional problems, anger issues and other mental health catch phrases that can give you a "mental health" problem if you talk back or stand up for your rights.

Even with all of that, they dismissed his child support and the attorneys fees which all were skyrocketed against me because they fielded his every whimper and any story they could make up on a whim. I stuck with the truth, and every possible piece of evidence I could muster. I never once got to express to the court, the trauma the father caused me or the trauma imposed upon the child by the father's alienation. Each whimper cost $500 or more, and the judge gleefully waives his court costs, even though they were shown to be blatant lies. Just because that man is Navajo. He'll never pay child support because he lied about his income. And I'm stuck with thousands in attorney's fees. With all that said, I hope my experience helps someone.

Please don't resurrect 3-year old threads. If you have a legal question, start your own thread.

Interesting, I suppose I apologize. But the person requesting help three years ago, needed the same type of help that I need that obviously wasn't there.

Advice for single mothers who require hospitalization and are forced with the circumstance and decision isn't out there anywhere. The person in the quote vaguely stated that she signed papers for "medical" purposes. Sometimes people are general on certain points, but I want to specifically highlight that problem. You can't take your child with you into the emergency room or into your hospital room even if there's a HIPPA filter.

I had been represented by court appointed counsel and too was shunted into an agreement that later had consequences, that had I known then what I know now, I wouldn't have fallen for that best interest of the child propaganda by the counselor involved. The father alienated me, something that I never did to the father when I had the child. And that experience has changed my child forever and it could have at least been acknowledged by the persons feigning interest in the child's welfare. So the point of answering a 3 year old post, is that I too faced that situation, and there was no advice out there for my particular situation. I went through it, and that is my experience, to help others determine what approach they want to take. Especially to know that if there can be an escalation, there will be, and to establish a budget for your unseen legal expenses so they don't bankrupt you or put you in a position of giving up or choosing to pay for another Supreme Court filing Writs of Mandamus - instead of getting shoes or pants for your child.

Today is my last day in court, and I came to forums for help a year and a half ago. I can't say more emphatically, get your own attorney, do not rely upon the state.

I am not an attorney. But I can lend advice to get one.

blairbushprojct said:

interesting, i suppose i apologize. But the person requesting help three years ago, needed the same type of help that i need that obviously wasn't there.

Advice for single mothers who require hospitalization and are forced with the circumstance and decision isn't out there anywhere. The person in the quote vaguely stated that she signed papers for "medical" purposes. Sometimes people are general on certain points, but i want to specifically highlight that problem. You can't take your child with you into the emergency room or into your hospital room even if there's a hippa filter.

I had been represented by court appointed counsel and too was shunted into an agreement that later had consequences, that had i known then what i know now, i wouldn't have fallen for that best interest of the child propaganda by the counselor involved. The father alienated me, something that i never did to the father when i had the child. And that experience has changed my child forever and it could have at least been acknowledged by the persons feigning interest in the child's welfare. So the point of answering a 3 year old post, is that i too faced that situation, and there was no advice out there for my particular situation. I went through it, and that is my experience, to help others determine what approach they want to take. Especially to know that if there can be an escalation, there will be, and to establish a budget for your unseen legal expenses so they don't bankrupt you or put you in a position of giving up or choosing to pay for another supreme court filing writs of mandamus - instead of getting shoes or pants for your child.

Today is my last day in court, and i came to forums for help a year and a half ago. I can't say more emphatically, get your own attorney, do not rely upon the state.

I am not an attorney. But i can lend advice to get one.

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do not post to a dead thread.