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How can I get physical custody of my daughter?

How can I get custody of my daughter?

  • I live in NC my husband and I have decided to seperate, my husband threw me from our home with no vehicle and no phone. He took my daughter. I had to call family to come and get me, now I am in GA, i recieved an ex parte order, he is taking me to court for full custody, i cannot afford a lawyer and legal aid of nc said that they cannot help me. My court date for temporary custody is on the 7th of this month, i can get there but I have no home in north carolina or vehicle or job? Is there any advice anyone can give me please?

  • Answer:

    You should arrange a meeting with a divorce lawyer. Bring all the knowledge you can about your married life's assets. You have legal recourse for him throwing you out and you are entitled to something from him, whether it be the house or a car or something through a divorce. If the assets are enough, the lawyer may work for free until the case is settled. (Maybe) If not,plead with the judge to understand that you were forced out of the child's life by the father. (The father may have kicked you out to claim abandonment, but you depended on him to live so he did something very inhumane.) You may also want to contact your local YWCA or one in North Carolina to set up temporary living facilities while you are in court. There is also a program in community colleges designed for a "displaced" woman, as in a woman who stayed home who was divorced or was out of the work force for a long time who needs more training to get a job. They will pay your tuition and refer you to programs to help you out. I do not remember the organizations name, but it is nationwide. They may even be able to help you get a lawyer if the divorce lawyer plan does not work. (maybe) The best advice I can give is to find a way to stay in North Carolina right now until these things are settled. Staying will be in your favor when it comes to custody arrangements. (To get there, you could take a greyhound bus if family will not take you back.) The next step is to file for divorce. Alimony and child support will help you on your way up. Nobody deserves to be thrown away like trash, and you have a solid case for support from your husband. Things acquired by each other during the marriage, unless you had a prenuptial agreement, in North Carolina are to be split 50/50. (source linked below) He can not just leave you without anything. (This is why a divorce lawyer may take your case on for now. Not only can you get help, but the court may order him to pay your attorney fees.) I'm sorry for this to be happening to you, we all wish something like this could be done amicably and in the child's best interest. I hope things turn around for you. Good luck.

Rosie H. at Yahoo! Answers Visit the source

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I dont know the laws over there, but he cannot get full custody unless he can prove your a bad mother! (eg if you physically, mentally or emotionally abuse your child, or let her live in an unclean environment!) But it will be hard for them to give you visitation or let you appeal for custody if you do not have a home!! Where would she stay?? Where are you living now? If your at your families home, you can tell the court you are boarding with family until you pick yourself up and get back on your feet, since your hunsband kicked you out!! Id be trying my hardest to get a job and show that you are moving on and trying to work hard to get your daughter. You need to show how much you love her and how much you want her!! If the reasons for kicking you out were severe and not just 'cause he could' he will use it against you. I dont know the whole story, but yeah he will use everything against you to get custody. And if he is doing it out of spite, this is sad, as the only one who is affected is your daughter!! goodluck!

you are probably the reason (not U alone),why fathers have such a hard time in court ,'cause we act like such A holes. I found a well,lot of them,under "fathers have rights too"-web sites not a holes mind you.last night one item I contacted was "about the children" web site they called me back today but i need to call tomorrow for similar reason not as -sad -does not say enough keep your chin up dear lady just don't lead with it ( boxing term).

Get a listing of Domestic Relations attorneys in NC and call each one of them until you find someone who can do your case pro bono (free) or who can refer you to someone who can. Check the link I put in my sources and just click on NC on the map of the United States. It contains some numbers for Volunteer Lawyers. I hope it helps. Good luck. Remember the kids are # 1 always!

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