absent father gains emerg.custody &had my door kicked in

[chum]

my childs father who has not been apart of my sons life,had filed for custody!without my knownledge they held a emergency custody hearing and gave my son to him!(a stranger!)my husband the man who help raise my son found out that day -i was out of town with kids(he has family in police dept.)he went right from court straight to my house with police (friends of family members) and had them kick in my door knowing we was not there is that legal? i had just bought the house and was working on it when they did it and had our stuff in there (we wasnt living there!) and they are using agaist me is that legal??? please help i also need a great lawyer so i can get son back a.s.a.p! oh one mor thing - how could he file in court if he is behind in child support? almost $5,000??? thank you !!

 

[jharris352]

Without knowing why he filed for an emergency custody order there is no way to answer your questions. Were there any grounds? An emergency ex parte custody order is only temporary. He had to make some "credible" allegation that the child was in danger.

 

[jacksgal]

Something is not right. I feel you hav left out details. What we grounds for custody change? Why were you not in court? If you were not living in this home why were they there?

 

[mightymoose]

Either there were circumstances that the child was in danger or credible information that you intended to leave the state with the children.
As for the door kick... that also depends on the severity of circumstances that we don't know...

But what I can tell you is that the order would not have been issued if you had not been served papers. If you had deliberately avoided service, then it is your own fault. Apparently the judge felt that you knew, or should have known.