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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I need to know, I have a disable child that is 10, I am going

Customer Question

I need to know, I have a disable child that is 10, I am going through a divorce, and we have been married for 11 years. And in those 11 years I have been the primary care taker of the c hild and he keeps threatening me that if I don't give him want he wants it will be paid. I am from MO, and he won't let me take my disable child to MO where I can get help from my family, since his family when he is out of town, his family isn't available, but when the father has them his family is available when he needs it, but it states in an order that no one other than family is supposed to watch the minor disabled child. How can I get sole custody and be able to move with the child back home so I can get the help that I need for my son.
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

Because you're in the middle of a divorce, the only way you can take your child with you to Missouri is by filing a motion for temporary custody (custody set until the final divorce, property settlement and child custody is entered), informing the judge that you want to move for health reasons concerning your son. If the judge believes it is in the child's best interest to move, he will enter a temporary order of custody.

 

At the trial of the divorce, each party will put on evidence concerning custody. At that point, the judge will enter a final custody order. He/she can continue to allow you to have full custody, or he could order joint custody, or some hybrid type of order with physical and legal custody split between the two of you.

 

It is not a good idea to move to Missouri without permission from the court.

Customer: replied 6 years ago.
So, what happens if the Judge gets me temporary custody and I can take my child to MO, and could the judge give the child back to the father after I get tempoary custody? I have paperwork on how he hasn't taken care of the child.
Expert:  Roger replied 6 years ago.

Yes. Temporary custody is excatly what you've described. The judge COULD give some custody (physical, legal, joint physical or legal) to the father. Even after the final order entered in the divorce, either parent can petition the court to modify or change the custody from one parent to the other. This process could prolong until the child reaches the age of majority.

 

However, if it is in the child's best interest to receive treatment in Missouri, coupled with the fact that the father has not taken care of him in the past, you've got a much better case for custody than him.

Customer: replied 6 years ago.
I am also disable, and he has been threatening me that If I don't agree to agree with him I will pay or else. He took me away from my family 11 years ago, and he doesn't want me to have any friends or family. How can I find a loop hole in being able to move back home with me being disabled and my son being disabled. I am trying to get custody of my son and move back home where I will have the support of my family.
Expert:  Roger replied 6 years ago.
You could inform the court that you've been threatened by your husband, and do not feel safe where you are, especially because of the disabilities affecting you and your son. A request for a temporary restraining order can be requested in addition to the custody order.
Customer: replied 6 years ago.

If the father for some reason goes out of town for work how long can he have no contact with the diabled child before I can get the father on abandonment?

Expert:  Roger replied 6 years ago.

1 year.

Customer: replied 6 years ago.
Could I get a restraining order based on when I have the disabled child, he threatens me that he doesn't want me there, he knows every move I make, he tells me that if I don't agree with him he will make me pay or else?
Expert:  Roger replied 6 years ago.

The fact that you're in fear of him should be enough to get the restraining order.

Customer: replied 6 years ago.
I already signed the divorce papers we are just fighting custody, by doing this restraining order will my attorney drop me, since she stated that she wouldn't represent me for a restraining order and my attorney knows the abuse that this man can do especially emotionally. I am scared that he will make up false allegations and that he can get people to lie to make him look good now what else should I do.... They have done this before to his own brother before.
Expert:  Roger replied 6 years ago.

I don't know what your attorney will do - you'll have to rely on what she's told you for that.

 

However, I believe that if you are truly afraid, you should proceed with securing a restraining order against him.

Customer: replied 6 years ago.
I am afraid that if I get this restraining order against him, that he will go after me with using his family and friends that we used to have together and that it will make things worse. I can't afford to lose my son, and I also have two older kids that are afraid of this man as well. They are 17 and 15 almost 16. We are alone in this completely and is scared half to death and my attorney knows about the abuse but chooses to do nothing and help with nothing what do you suggest?
Expert:  Roger replied 6 years ago.

If your attorney is not doing what you want, then you should seek other counsel.

 

My suggestion is if you truly feel threatened to request the restraining order, and to continue to build your case against the father for custody.

Customer: replied 6 years ago.
If I had a custody case in another state, and a minor child which is 14, states that the father abuses the child, which technically has phyical custody and I had gotten a restraining order in the state which I live in, and the child was a protective party, but the courts in the other state refused to protect that child how can I get the other state to change jurisdiction to change custody over?
Expert:  Roger replied 6 years ago.
If a restraining order is issued in any state, it can be enforced in any other court of any other state under the full faith and credit clause of the constitution.
Customer: replied 6 years ago.

This is another case: My cousin has a restraining order against her daugthers father in Michigan. She picked up the 14 year old two weeks ago, and the father has custody in the state of Michigan. The father never has attempted to pick up the child. The Child is with the mother in Indiana where the mother resides. The mother has enrolled the 14 year old in school in the state of Indiana. The mother goes back to court monday for the permanent restraining order. The 14 year old doesn't want to go back to with the father, can my cousin, the mother of the 14 year old daugther get the indiana courts to assume jursidiction of this custody?

 

Thank you for you help

Expert:  Roger replied 6 years ago.
The court of the state of the child's residence will have jurisdiction over the child. There is a 6 month residency requirement before one can claim residency in a new state.
Customer: replied 6 years ago.
Well I had her in the state of Indiana from Feb of 2007 until Jan of 2008 and the state of michigan wouldn't release jursidiction when I had sole legal custody. When Michigan assumed jurisdiction she wasn't there for 6 months she was a residence of Washington state at the time. Even if he hasn't tried to pick her up in two weeks when he has had phyical custody?

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Roger
Roger
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters