Custody and wants child now

[dragongirl8717]

My brother-in-law just found out today that the mother of his 3 month old was arrested Friday for drug possestion. She has not let him see his son in almost a month now and as soon as she called him to come bail her out after her parents would not he wanted to go get his son. He called her parents and they told him that he could not come get him and that they were filing for custody. Then he called the sheriff's department and asked them to go with him to get his son and they told him they could not because there has not been any custody or visition papers done. He wants to get his son as soon as possible. With his ex-girlfriend living with her parents he is worried that if they get custody then his son will be subject to everything that she does until she gets in trouble with the law again and left to the care of her parents. He was told to go through DHR but wants to know what is the best why to get this son and file for custody as soon as possible? (They were never married but lived together for a couple of months)

 

[Carpet_Dude]

Hi dragongirl,

I was in a VERY SIMILAR situation. I was in the middle of divorce and continued custody hearings when My Ex was arrested for possesion with intent to distibute marijuana. I brought the matter to a final hearing before her trial, and since she was not "guilty" yet, then they did not consider it for determing custody.

I don't think DHR(?) would be able to do anything. I am assuming they are something similar to our Department of Family & Child Services. They are mainly concerned that the child is in good hands, and being well cared for.

I would suggest getting an attorney and filing for custody.

HOWEVER, not all attorney's are created equal. Find one who CARES. If the fees are brought up within the first 20 minutes of discussion, then move on to another attorney. TRUST ME! You will find one that will sit and listen, and ask questions, and give advice. THEN, when YOU decide that you have found the ONE that is when YOU should bring up the fees. If they bring up the fees 5-10 minutes into your first meeting, I say they are in it for the money. If they want money up front just to see them, then move on to the next name in the phone book.

Keep me updated!

 

[Duranie]

Has paternity been established? If not that is the first step. If that has already been done then he simply needs to go to court and file for custody or visitation. I would also call around to a few attorneys to see if anyone can help.