Is there a way to get custody without a lawyer?
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My husband has a 5 year old son with his ex-girlfriend. Right before we married, she overdosed in front of the child and he served her with an Order of Protection. That was 2 years ago. Since then, she has been arrested for theft, possession of drug paraphernalia, and was sentenced to court ordered drug, alcohol, and mental rehabilitation centers. We have just learned that she checked herself into another center to avoid having her probation revoked and going to jail. The OP is going to be up in August, and my step-son's maternal grandmother told my husband that her daughter was doing well and would be fighting for custody. Is there any way we can have her rights as a parent revoked, or get full custody without hiring a lawyer? We can't afford one, but will get one if we have to. He knows he will have to go before a judge, but we are trying to get this done as soon as possible. I would really appreciate any input on the matter. He calls me Mommy and doesn't even remember who she is. I think that putting him through a trial would only confuse and hurt him.
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Answer:
Custody matters are not simple. Changes of custody are even more complex. You leave out some very important facts, so I don't know which one it is. Do yourself a huge favor and hire an experienced family lawyer. It will be money well spent. The matter is going to get way over your husband's head very quickly and you are going to be very glad that you have an attorney who has been down this road before. Of course, your husband has the absolute right to represent himself, but I would no more do that than perform major surgery on myself. Find the money and get a lawyer. Child custody is a big case and you do not want to screw it up.
Ashley Ray at Yahoo! Answers Visit the source
Other answers
Hi Ashley, he can represent himself in court but in your situation I would recommended that you need an Attorney. You can look in your area for legal aid. Its sometimes a free service or they charge a small fee. They help people who can't afford an Attorney. You will have to go to court for a hearing in front of a Judge for custody. You will have to prove her an unfit mother for the judge to award your husband sole custody. That's usually hard to do but with her history of drug abuse, criminal history, ect it should go in your favor. I child does not need to ne around that. I hope this helped you and I wish you guys the best hope it all works out for you. If you have any additional question please email me. Please Answer Mine.
Please get an attorney. Also know that the court will be sensitive to the child's needs and likely they may hire a guardian ad litem to investigate both sides. She's had a ton of problems and hasn't seen her child in two years, I would think she'd get supervised visits at best and have to prove herself clean to get more than that, but I'm guessing. I think you should consider adopting him, and I believe this would be the only way for her rights to be terminated. If you adopt it would also let her off the hook for child support and that may be something that appeals to her. Either way, with an attorney I think his chances of getting sole custody are very good.
If you are asking if hubby is allowed to represent himself, the answer is yes. If you are asking if he has the ABILITY to effectively represent himself, I seriously doubt it.
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