can i get joint custody
- Thread Starter kayladyke
- Start date
army judge
Super Moderator
It all depends on how you lost custody originally, or if you lost your parental rights.
I suggest you and the father visit with a local attorney.
You can then explain fully why you lost custody (or your parental rights), ask questions, and learn what options are available to you.
In many cases, a parent who loses custody is also barred from living with the child.
I suggest you review all court documents you or dad possess to better understand what caused your current dilemma.
army judge
Super Moderator
Yes, that happens, but not just because you we're sentenced to a penal colony.
I've represented many poor souls you ended up in a penal colony, but didn't lose their parental rights.
Did you lose your parental rights?
Being imprisoned causes one to lose custody de facto.
Being in a penal colony doesn't mean you lose your parental rights during your incarceration, or upon discharge.
A sentence in their penal colony punishes the person, not the person's children or loved ones.
kayladyke
New Member
kayladyke
New Member
The father went to court while I was in prison to get full custody I did everything that any paper work said I had to do I wrote the judge and the Father's attorney on saying I wanted joint custody. When it got closer to the final court date I asked one of the officers if they were going to take me to my court date they said they won't do that for a custody battle. He said you might do it on video court. The court day came and nothing happened. Then got a letter in mail saying he won by defult and he got full sole legal custody no visitation. How can they do that
army judge
Super Moderator
I'm sure that happens.
A better question is why the father would go to such extremes while you were in the penal colony, but welcomed you back upon your release?
That's just bizarre.
I suggest you seek other living arrangements, and discuss the entire ordeal with a local lawyer or two.
The initial consultation is normally offered free of charge.
army judge
Super Moderator
If you guys agree, all you need to do is return to court to restore your custody rights.
In order for the court to modify the terms of a custody order, there must be a continuing and substantial change in the circumstances of the child or the child's custodian and the modification is necessary to serve the best interests of the child. It is important to understand that there must be new facts that have come up since the prior order, or there must be facts that were not known by the court at the time of the prior order.
Missouri law specifically provides that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child, except for cases where the court specifically finds that such contact is not in the best interest of the child. In appropriate circumstances, the court can order supervised visitation or no visitation rights at all.
One specific situation where this would be applicable is where a parent or a person residing with that parent has been convicted of a felony sexual offense involving a child victim. In such a situation, the court cannot award custody or unsupervised visits to that parent. You should consult with an attorney to discuss the specific facts in your case.
You can usually restore your rights when the court rescinds your visitation, provided you're not the individual with a felony conviction for a sexual offense against a child. If it's someone else, you can remove that person from your home immediately. You must then file a motion with the court asking for restoration of your visitation rights. It generally takes a few weeks to get a hearing and your ex can ask for additional time to allow her to file a written objection to your request. However, if you've fixed what went wrong, the court will usually restore your visitation. When other issues are the source of the problem, such as domestic violence, you can also file a motion with the court for restoration of your privileges. However, you must usually seek treatment first and successfully complete a rehabilitation program, such as anger management or drug or alcohol counseling. This might take months, but it's usually your only option.
kayladyke
New Member
Do you think we can just write the judge and let him no or file for motion of change of custody? And also even tho with all this custody say someone out of madness would call the cops saying I wouldn't give my son to them but his father is fine with me having our child, would I get in trouble by the courts or is it all up to the father wether I get him or not?
army judge
Super Moderator
Okay, I get it.
You want to have whatever was stripped from you by a legal process restored.
1- I'll try to help, but I need to know if you lost custody, or if your parental rights were revoked?
2- I also need to know if, at the time of your baby's birth, were you and the father married?
3- If you weren't married, did the father go to court to establish paternity?
I don't need to know anything else right now, just the three questions above.
Yes, there's lots to talk about, and I'm not being rude.
The law is very peculiar.
Therefore, I must stay focused on certain things to help you best.
If you don't know the answers to my three questions, ask the bay's father, relatives, friends, others.
Ask the father if you can read the papers he received when your motherhood was allegedly snatched from you.
Read those papers, every lousy word, read those papers.
This will be slow, but working together ill get you answers, offer explanations, and point you in the direction you're trying to go.
Okay, go get the answers to my three little questions, please!!!!
You want to have whatever was stripped from you by a legal process restored.
1- I'll try to help, but I need to know if you lost custody, or if your parental rights were revoked?
2- I also need to know if, at the time of your baby's birth, were you and the father married?
3- If you weren't married, did the father go to court to establish paternity?
I don't need to know anything else right now, just the three questions above.
Yes, there's lots to talk about, and I'm not being rude.
The law is very peculiar.
Therefore, I must stay focused on certain things to help you best.
If you don't know the answers to my three questions, ask the bay's father, relatives, friends, others.
Ask the father if you can read the papers he received when your motherhood was allegedly snatched from you.
Read those papers, every lousy word, read those papers.
This will be slow, but working together ill get you answers, offer explanations, and point you in the direction you're trying to go.
Okay, go get the answers to my three little questions, please!!!!
Disabled Vet
Well-Known Member
Well....
No need to waste the money to get custody. Your getting married soon. So it would be a waste of money. Since your all going to live in one happy house.
army judge
Super Moderator
You just might find out that your rights were never revoked.
You might find out that someone has been perpetrating.
Have you asked the local court if your rights were revoked?
You can drive on over there, and get copies of the matter.
You might even be able to find out by searching teh court's website from your computer or smart phone.
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