custody

[motherof2boyz]

ok ill make this as short as i can.I have a 12yr old son that I have always taken care of. When he was 5 I moved from pa to nc and his father came down here and took him. Neither of us had custody cause it nver was a problem.Well he went up there and filed for custody and in between that time got arrested for drugs while my son was there. The lawyers I was in contact with up there called me and told me to come and pick him up. ANyways that was august 2001 he has been locked up since and hasnt seen my son or called him or wrote to him nothing. He was supposed to not be released until 2011 and now I see that he is being released march of 09. So I havent had to draw up any paperwork cause he has been in jail and im now wrried about a judge giving him custody i mean they would b crazy to since my son was there when he was arrested and all. I Have been happily married since he was 7 and my husband has been the primary caregiver to my son . My son dont want anything to do with his real father and prob wont even want to see him. But im worried can he come down here again and demand I give him to him ? or what are my legal rights can I file my own paperwork downtown at the courthouse or do I have to have a lawyer? My husband is deployed currently and wont b home until march so I am really worried I just need to know what I have to do at this point I mean if he is on probation then he wont b able to leave the state but what if he maxed out i just am really scared for me and my son so could someone please tell me what my next move should b ?? Ty for listening !

 

[irish223]

You should get a lawyer, but here are some links that may help explain the process:

http://www.nccourts.org/Citizens/GoToCourt/Default.asp
http://www.aoc.state.nc.us/www/public/courts/meck/disk01/links.html#family

It is unlikely that your ex will get custody since he is a virtual stranger to your son due to his incarceration. He may get visitation, but it would probably be phased in over time.

However, since he began custody proceedings in Pennsylvania, you may have to deal with that first. I suggest that you at least consult an attorney before doing anything.

 

[motherof2boyz]

well when he opened a custody case in pa it was in 01 and we never had court cause he got arrested. and basically can i go to the courthouse and file papers without an attorney ? i thought maybe he wouldnt get visitation since he got arrested while my son was in his care? and he is in pa i live in nc for almost 8yrs now he has been locked up so what are my rights basically cause my son wants nothing to do with him at all he knows my husband has his father

 

[irish223]

You can try to file yourself. I couldn't find the forms online, but you may be able to get them at the courthouse.

Although you never had a hearing in PA, there may still be an open case. I don't know. It may not be a problem to transfer it if it's still open, but you should check that out.

He may not get visitation because of what happened, but stranger things have happened in family court. You have the right to request that. An attorney is in a better position to argue for no visitation than a lay person.

Good luck

 

[motherof2boyz]

i had no idea what since he opened a case in pa in 01 that there is a chance that it could still b open i thought if both parties dont show up then it basically tells for itself what happened! anways i am going to call the courthouse today in my local area and see what i can by myself my hubby is overseas and wont b back until march so i have to do most of this by myself the military will file my paperwork but they wont do any court stuff so im kinda stuck here as to what are my rights and what i can do to stop things from progressing further