grnandparents and parrents / asault charges

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timm

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k now im going to court over a asault the plaintiff is my babys momas mother . so my sons grandma now me and his mom have a system that works for us we dont have set days or times we get along fine and well upto this point even got along great with grandma any ways she calls the house for my son then he says he is scared because grandma has to watch her ghost hunter shows which we had asked noot to do when she has him . i show up their and he runs upto me she has her sister come talk to me at this time i was verry calm and had no idea their was going to be a problem mean while she had called my house telling my girl friend he thinks he can do wat ever he wants and he was sick he cant have him till hes over his flue blah blah well her sis is telling me why i should just leave with out even saying good bye and i listened then i told her why he was leaving with me she then brings up well who has actual custody ..now if their was a problem his mom wouldve confronted me at this time i must sayit pissed me off well i tell her get out of my car but used alote more bigger non freindly words . my son ran out side i picked him up put him in my back seat before i could get all the way in my car she pulled him out started draging him across the lawn him saying ouch ouch ouch i told her twice and told her sister even that she needed to release my son before i through my weight inbetween her and my boy and she tumbled over saying what the hell asault asault . where do i stand in court against exactly that i aint taking no plea bargain and i want her to know she has no right being inbetween a boy and his father
 
You need to plead not guilty, ask for a lawyer, shut up about this EXCEPT to discuss with your lawyer, stay out of more trouble, and wait.


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so regardless of my actions that took place because of a response wher does grandma stand when it comes to me and my son ? and yeah no history of violence so it shouldnt be to hard to stay out of trouble
 
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where would you say you stand in a case like this . against me or with me and if against ..why if i may ask
 
army judges atention

sorry hope you dont find this disrespectfull in any way i just would like a tiny bit more feed back from you on my lil situation about grandma and me and my son just wanted to know if you stand with or against me and if against why .
 
Were the police even called? Was a report made? Did they contact you? Were you arrested or cited?

Is there a custody/visitation order from the court? If not, get one, regardless of how well you think you get along with the child's mother.

As for an assault charge, if there is one, it is likely not too hard to defend against, but the fact that the incident happened can complicate things. Your son is not Stretch Armstrong. Don't stress him out.
 
yes they were she filed assault charges and there is no court ordered custody and i had my gfs 3 year old daughter with me
 
Well you have already been given all the advice you will likely get from here. Speak with your attorney when the time comes and look into getting a custody/visitation order. Without one your rights as a father are difficult to enforce. Either that or marry the child's mother.

Also, just because a report was made does not mean you will even have to go to court. The incident as you describe it is quite weak and may not go any further unless there is more to it.
 
as a matter afact ive allready whent through one court hearing .. roll call . plead not guilty got a court apointed atourny who doesnt seem to bad i told him the scoop and where i stand with it he said with a smile ok so you know they will give you a plead bargain then i said and i whont except it i was protecting my son and also confused ..(his mom ) and she is willing to sighn a personal agreement between me and her stating what we have works for us both
 
and also thanx for the responses i know i failed to say i had allready whent to court but its a court atourny and ya never can know who to trust and who not to . since it is the court who pays their bills and i have my son more then half the year prolly more like 3 /4th the year and neither have to pay child suport we went in and told a councelor that we didnt need the state to step in and complicate it that we had it handled and i dont want to upset that iether bottom line with out my son i would be lost and for any one to think that they can step in and decide for them selfs that their in charge and they have rights to my child over my own is insanity .some one doing that should expect alote more then a nudge from some one placing them selfs inbetween a child and any ones dad . my opinion
 
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timm said:
and also thanx for the responses i know i failed to say i had allready whent to court but its a court atourny and ya never can know who to trust and who not to . since it is the court who pays their bills and i have my son more then half the year prolly more like 3 /4th the year and neither have to pay child suport we went in and told a councelor that we didnt need the state to step in and complicate it that we had it handled and i dont want to upset that iether bottom line with out my son i would be lost and for any one to think that they can step in and decide for them selfs that their in charge and they have rights to my child over my own is insanity .some one doing that should expect alote more then a nudge from some one placing them selfs inbetween a child and any ones dad . my opinion
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Okay, let's try to clear up a few things.
I'm an attorney, but not your attorney.
We don't have an attorney-client relationship, as I am merely dispensing legal information, not legal advice or giving you my legal opinion.

Now, here's what I see.
You appear to be the alleged biological father of a 3 year old child.
You have no court order declaring you the putative father, or even a DNA test that supports your allegation of paternity.
You can't defend a child that isn't legally yours.
That could be an issue if you assert such a defense.
That could be why your attorney smiled.

So, I suggest you immediately (or as soon as possible) start legal proceedings to prove your paternity.
In Utah, here is how a male establishes paternity:

You'll notice there are three ways to do this.

All you need to know to start the process is on this site:

http://www.utcourts.gov/mediation/cpm/paternity.html

More explanations on the process of paternity in Utah:

http://www.utcourts.gov/mediation/cpm/docs/cmp-paternity-unmarried_parents_guide.pdf

You will also begin to establish court ordered support payments.

You will also create a court ordered and mutually agreed upon parenting plan.

This is how its done when you father children out of wedlock.

This is not being judgmental, just being real!

That's part of PROTECTING your child, if it is proven to be your child.
 
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