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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87063
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my ex had custody of our son and the state took him and his

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my ex had custody of our son and the state took him and his step sisters i live in N.C. and he is in FL. he is in state custody and i want custody but the lady said that i sounded like i was under the influence of something and do not call her back and wants me to do drug test can she do that and how do i go about trying to get contact with him she took that away also
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Why did your ex get chosen over you in the first place?





Customer: replied 4 years ago.

we had joint custody and i had a mental breakdown and i was tricked by his mom to sign a note to give temp. custody to him and when doc. said i was able to take care of myself and my kids i could have them back we did not go to court we just took a piece of paper we wrote and had it noterized then i was released and went to pick them up and the cops said i had to take him to court to get my custody back

Expert:  Ely replied 4 years ago.
Okay, I am sorry for your situation. What you have to do is ask the COURT for custody - not Child Protective Services - they do not have any real authority. File a MOTION FOR MODIFICATION and seek custody. The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

If you can convince the Judge that the child would be better off with you than foster care by these elements, you'd be successful, with or without CPS's support. Go to legalzoom.com or nolo.com for the petition and more info, or hire an attorney (I recommend this).

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”


















Customer: replied 4 years ago.
okay i live in N.C. he is in FL. do i go down there or can i do it up here
Expert:  Ely replied 4 years ago.
Tell me please what state the orders were made from, and what state(s) you all live in?
Customer: replied 4 years ago.
the order i guess in FL. that is where he got taken and i live in N.C. i also want to know can the CPS make me take a drug test just from hearing me on the phone
Expert:  Ely replied 4 years ago.
Okay - in this case, the jurisdiction falls in Florida, so that is where you'd need to file it. I know, I know - it's a pain. :\

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















Customer: replied 4 years ago.
can the CPS person ask for drug test just from hearing me on a cell phone voicemail and would i be able to try to get custody of the girls their mother has no rights to children cause she is on drugs and state said she can't have no contact what so ever with them
Expert:  Ely replied 4 years ago.
The CPS person is an "interested party" who CAN ask for a drug test for you and anyone else. They do not make the decisions, but they influence them.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















Customer: replied 4 years ago.
1 more question can i try to go for custody for the other kids being that they r not mine mother of them have no rights to them said from the said court order
Expert:  Ely replied 4 years ago.
You can only petition for children who (1) are your biologically or (2) have lived with you for 6+ months.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87063
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Family Law Specialists are ready to help you

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