Please somebody help me...

[heartbroken714]

My boyfriend of 9 years and I moved to Orange County, CA 2 years and 3 months ago. We have had serious financial problems since the move. He hasn't worked consistantly this last year... I have. When I told him that if he didn't get a 40hr. a week job within 6 weeks time that I was going to move back home. He has a 2 day a week job... I then reminded him that I could no longer afford this situation, and that I was going to pack up and leave ... we have a 5 year old. He then took our daughter out of school and ran with her.
I don't know what to do. The police won't help me. I found some paperwork that showed his interest in filing for the right to establish parental relationship
I'm sure that he's planning on filing tomorrow. Is there anything I can do?

 

[heartbroken714]

He served me papers...

Okay so I've been served. He wants joint physical, and legal custody. I'm trying to find somebody who offers low-cost or free legal advice. I've sat on the phone for hours with legal aid, and cannot get through. I pay for cell phone minutes and can't afford to waste time. I can't agree to the custody he's asking. I WON'T. He has a DUI conviction in Utah. He received this DUI in 2001, He has another case pending from 2003 (DUI), and yet another case pending in 2005 DUI in UTAH. He also has a DUI pending in Nevada. So that would make 4 if convicted of all offenses. He has a stack of failure to appears, driving on suspended license etc. I believe that his sole purpose in moving to california was to run from the law with the DUI cases pending, and find a way to get custody of our daughter. What can I do? He is clearly an alcoholic. However, he has a strong family support. They bail him out at every turn. They are helping him with this case.
Another fact: I work full-time but cannot afford to support my family in the state of California. I have a son that I support, and due to the current circumstances... we are facing eviction, and homelessness. I can support my family just fine in Utah... I have a job there, and a nice 3bd. place to live upon arrival. Can somebody please recommend a good attorney at low or no cost that could help me. Where do I start? I have 30 days to respond to his petition.

 

[Duranie]

He certainly has rights to joint legal. He had these DUI's when you were with him and you still had kids with him. They do not necessarilly make him a bad parent. You will have to get a hold of legal aid or hire your own attorney. Figure out how much money and time you have to fight him. If you plan on moving out of state then he does have a chance at custody. You have to prove that the move is in the childs best interest, and be prepared to foot the costs of transporting the child to see dad.

Call legal aid or start calling around to an attorney. Both of you would be much better off trying to work something out insterad of insisting on an ugly custody battle.

 

[heartbroken714]

No, He actually got the first DUI shortly after we found out we were pregnant. I have an appt. with legal aid. The problem is that Yes, he wants joint custody 50/50... however on "his time" with her... he's not even with her she's at grandma's or his sisters or where ever. He's trying to get out of paying child support.

 

[Scooterdog]

Do you still see the child? Or he still keeping her from you? Where does his family live?

 

[Duranie]

50/50 custody does not mean no child support but he is entitled to joint custody if the courts feel its in the childs best interest. CS may still be awarded depending on your incomes.