need help with custoday please

[Proserpina]

She hasn't seen him in 3 years?

I honestly cannot see her getting custody at this point without the aid of a very competent attorney. The State can actually terminate her rights based upon abandonment - along with her history - and he could be adopted. She MIGHT be able to establish visitation - again, with the aid of an attorney - and it will be a long, slow process including a period of reintroduction.

Mom needs to think about her son. He hasn't seen her in 3 years and he's about to be ripped from everything he's comfortable with.

Family members MAY be able to step in - but again, each family member would need to services of an attorney. This is a very messy situation which goes beyond the scope of an Internet forum, I'm afraid.

 

[kathy29]

She hasn't seen him in 3 years?

I honestly cannot see her getting custody at this point without the aid of a very competent attorney. The State can actually terminate her rights based upon abandonment - along with her history - and he could be adopted. She MIGHT be able to establish visitation - again, with the aid of an attorney - and it will be a long, slow process including a period of reintroduction.

Mom needs to think about her son. He hasn't seen her in 3 years and he's about to be ripped from everything he's comfortable with.

Family members MAY be able to step in - but again, each family member would need to services of an attorney. This is a very messy situation which goes beyond the scope of an Internet forum, I'm afraid.

Thank you for all your help

 

[kathy29]

I found out more info about my nephew. There is only a temp guardianship being held. The local social services office does want to place him with family either myself and husband, or back with my sister. What happened was the guardian whom had him is now deceased they needed someone to be able to care for him instantly. So I am going to be keeping my fingers crossed and hire an attorney but thanks for all the help!

 

[Proserpina]

...that would seem to contradict what would usually happen in that situation, but okay!

If they want to actually reunite him with your sister, there generally needs to be a reunification plan in place. But I'm sure an attorney will guide you or your sister through all of that.

 

[holly748]

a suggestion

We still live in the same house until I get my social security disability. I am going to go for primary custody and he's goinng to fight that. i just think its better to be with the parent that is home to take care of him all day, rather than a babysitter from 7am to 6pm or sometimes later. It doesn't make sense to me if he would get primary custoday. He would get the child on weekends if I get my way

I am from Oklahoma and have been through 3 divorces (i really know how to pick them) I know that in Oklahoma when spouses seperate that whichever parent has the child in their physical care has custody. So if you leave take your child and file a temporary custody order immediately and have it signed by the judge and a hearing set. Once the judge gives you temporary custody get the child in school. Usually judges wont change schools once child has started somewhere unless there is a real threat to the child if the child lives with you. If he has anything on him ever been in trouble you can use that on him as he can against you. I understand being on social security i am on ssi i have had to try and do it myself, I cant afford an attorney. GOD LUCK!

 

[Proserpina]

I am from Oklahoma and have been through 3 divorces (i really know how to pick them) I know that in Oklahoma when spouses seperate that whichever parent has the child in their physical care has custody. So if you leave take your child and file a temporary custody order immediately and have it signed by the judge and a hearing set. Once the judge gives you temporary custody get the child in school. Usually judges wont change schools once child has started somewhere unless there is a real threat to the child if the child lives with you. If he has anything on him ever been in trouble you can use that on him as he can against you. I understand being on social security i am on ssi i have had to try and do it myself, I cant afford an attorney. GOD LUCK!

THIS IS NOT ACCURATE ADVICE!

While it may have been the truth for you, it IS NOT THE LAW.