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What can a parent do when they need a lawyer but cannot afford one? Difference of getting child back or not?

  • I apologize for the long story but I really need some advice. A friend of mine is going through some issues and I am trying to figure out ways to help. To make a long story short, her 12 year old son inappropriately touched her 7 year old son last weekend. She immediately contacted their dad (ex husband) and the 7 year old spent the weekend with him to keep them separated. They set up an appointment for both of them with a therapist, per the 12 year old's current therapist's recommendation, and that is when my sister received a call from the sheriff letting her know that there is a protection order against not only the 12 year old but against her as well. She is not allowed to be within 1,000 feet of or try to contact her ex husband or their son in any way, shape or form until the hearing next week. She found a lawyer who will help but needs $500 up front (in 2 days) and she does not have that kind of money. Her ex husband has a lawyer and she said she would feel safer if she had one too but I've never been in this type of situation so I have no idea what is best. My main questions are: If she did nothing wrong, why is there a protection order against her? There is a possibility of her ex husband lying, and even getting their son to lie, so it will be his word against hers. Also, will her not having a lawyer hurt her and change the chances of her getting her son back? I must add that the ex husband is not the 12 year old's biological father but he did adopt him at age 3 when they married so he is in all aspects his father. Unfortunately, the "dad" hasn't treated him as his own since they divorced. The 12 year old has Aspergers (autism) and is bullied and harassed severely, possibly causing the mental issues he is going through and causing him to act out in these ways. It is my sister, not a friend. I'm trying to look at this clearly and not be biased but obviously I screwed that up. No one said anything about child support. The ex husband has already said he "will do anything possible to get full custody of his son" and that has already included bribing them when they want to go back to mommy's house because they are ignored and not taken care of by their dad. I have no reason to lie about any of the facts here, other than my relationship with the said parent but that wasn't to anyone's advantage more than another's.

  • Answer:

    Well that is a really tough situation. I really cant say that she would be affected without a lawyer, but I can say she might have a hard time getting her case taken seriously without one. Many people have won cases without one, but the best results are usually with one. If she really needs a lawyer have her see if she can get a very small loan or make an agreement with the lawyer. I'm sure lawyers have had to come up with compromises between the client and themselves before, as I'm sure they know that not everybody can afford all that up-front. Now, back to your question: The reason there might be a protection order could totally be because of the father making up lies. He could have said that your sister touched him in an inappropriate way, even though that's obviously not the case. He could also be bribing his son to lie about it all so he can get full custody. Like I said before though this is a really tough situation and it is hard to say 100% what the father's motives were and why he is doing this not only to his ex but to his own sons. I hope everything works out and if you can keep us updated. I love hearing success stories! EDIT: Well as you said, the 12 year old is disabled, it's not at all an excuse, but he is obviously having a tough time. Your sister needs to bring that up in the hearing and that little boy shouldn't have anything held against him.

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Well that is a really tough situation. I really cant say that she would be affected without a lawyer, but I can say she might have a hard time getting her case taken seriously without one. Many people have won cases without one, but the best results are usually with one. If she really needs a lawyer have her see if she can get a very small loan or make an agreement with the lawyer. I'm sure lawyers have had to come up with compromises between the client and themselves before, as I'm sure they know that not everybody can afford all that up-front. Now, back to your question: The reason there might be a protection order could totally be because of the father making up lies. He could have said that your sister touched him in an inappropriate way, even though that's obviously not the case. He could also be bribing his son to lie about it all so he can get full custody. Like I said before though this is a really tough situation and it is hard to say 100% what the father's motives were and why he is doing this not only to his ex but to his own sons. I hope everything works out and if you can keep us updated. I love hearing success stories! EDIT: Well as you said, the 12 year old is disabled, it's not at all an excuse, but he is obviously having a tough time. Your sister needs to bring that up in the hearing and that little boy shouldn't have anything held against him.

Miranda

Your sister can sell something, you could loan her the cash, or she could borrow the money. That said, sounds like Dad is taking all measures to protect his biological child from molestation by another child who apparently does not have boundaries on appropriate/inappropriate touching. The protection order is out against the minor child as well as the custodial parent, perhaps because having a protection order against a minor child with mental health issues has to be taken against an adult who oversees that child. As a parent, does your sister expect to regain custody of both children at the same time? Highly unlikely. Any supervised visitation would have to occur when the older child is under the care of another adult. The immediate concern is the safety of the 7 year old who has been molested. The two boys will not live in the same house again.

pdooma

"There is a possibility of her ex husband lying" . .. there is a possibility of anyone lying, even you . . First you said it was a friend of yours, then you said it was your sister, there's clearly a little bias in your telling of the tale . . There is obviously something going on in the home if the 12 year old is touching anyone "inappropriately" . . . Are you seriously more concerned with your sister getting custody and that child support more than the sexually abused child's well-being? . . . The court will most likely appoint her an attorney considering she is the biologic mother . . .

Michael

Your sister can sell something, you could loan her the cash, or she could borrow the money. That said, sounds like Dad is taking all measures to protect his biological child from molestation by another child who apparently does not have boundaries on appropriate/inappropriate touching. The protection order is out against the minor child as well as the custodial parent, perhaps because having a protection order against a minor child with mental health issues has to be taken against an adult who oversees that child. As a parent, does your sister expect to regain custody of both children at the same time? Highly unlikely. Any supervised visitation would have to occur when the older child is under the care of another adult. The immediate concern is the safety of the 7 year old who has been molested. The two boys will not live in the same house again.

pdooma

"There is a possibility of her ex husband lying" . .. there is a possibility of anyone lying, even you . . First you said it was a friend of yours, then you said it was your sister, there's clearly a little bias in your telling of the tale . . There is obviously something going on in the home if the 12 year old is touching anyone "inappropriately" . . . Are you seriously more concerned with your sister getting custody and that child support more than the sexually abused child's well-being? . . . The court will most likely appoint her an attorney considering she is the biologic mother . . .

Michael

Call all tue law offices o go in and see if anyone will do probono work and if no all you can do is take at a loan. Credit union will give out personal loans

mommy

Contact legal aide

jane

In a situation like this the protection order would be against the mother as well because the child is in care of the mother. Unless indeed the guy is lying, he may be thinking....why is this child touching his brother, where did he get it from and come to the wrong conclusion that it was the mother. I don't know what state you live in but in my state when something like this happens the child is questioned by themselves with out the parents being in the room. Ok, now, lets pull ourselves back a bit, why is the 12 year old doing this, has be been molested in the past? The therapist knows about this and did not contact officials??!! They are mandated to report such things, so how do you know it was not the therapist that reported it? What is she doing to get the 12 year old child help, what has she done to get him evaluated for why he may be doing this? Those are the important questions here. Next she needs to get a lawyer, she needs to have documentation of what she has done to remedy the problem going on with the 12 year old touching his brother. I'll explain it like this in my state, CPS deals with this type of thing, not the sheriff's office. In other states I know they do things differently but your sister needs to have a plan in place where this will not happen again and she needs to get intensive care for the 12 year old and this may include somethings that she does not want to do. (putting him in a group home, having him hospitalized, etc) She can contact legal aide to get help with a lawyer, she can sell things to come up with the money, she can also look around for lawyers that will do cases pro bono.

AmberP

In a situation like this the protection order would be against the mother as well because the child is in care of the mother. Unless indeed the guy is lying, he may be thinking....why is this child touching his brother, where did he get it from and come to the wrong conclusion that it was the mother. I don't know what state you live in but in my state when something like this happens the child is questioned by themselves with out the parents being in the room. Ok, now, lets pull ourselves back a bit, why is the 12 year old doing this, has be been molested in the past? The therapist knows about this and did not contact officials??!! They are mandated to report such things, so how do you know it was not the therapist that reported it? What is she doing to get the 12 year old child help, what has she done to get him evaluated for why he may be doing this? Those are the important questions here. Next she needs to get a lawyer, she needs to have documentation of what she has done to remedy the problem going on with the 12 year old touching his brother. I'll explain it like this in my state, CPS deals with this type of thing, not the sheriff's office. In other states I know they do things differently but your sister needs to have a plan in place where this will not happen again and she needs to get intensive care for the 12 year old and this may include somethings that she does not want to do. (putting him in a group home, having him hospitalized, etc) She can contact legal aide to get help with a lawyer, she can sell things to come up with the money, she can also look around for lawyers that will do cases pro bono.

AmberP

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