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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My ex wife filed custody orders against me because she

Customer Question

My ex wife filed custody orders against me because she claims my Son told her I drink in front of him and in the car with him....This is not true. She is asking for supervised visitation, but she has no proof except what she said was told to her by my son.
I have a TRO court date Thursday, and don't have the money to hire a lawyer due to lack of employment. Any advice?
Submitted: 12 months ago.
Category: Family Law
Expert:  Samuel II replied 12 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

So to be clear the TRO is a separate hearing to stop you from being near your son until the court rules on the pending custody matter - correct?

Expert:  Samuel II replied 12 months ago.

Do you know the status of that proceeding? Court date, anything?

Customer: replied 12 months ago.
Thursday this week in 2 days. They agreed to move the hearing to January 5th, but I still don't think I would get to see him, especially over the Christmas Holiday.
Customer: replied 12 months ago.
I am in between jobs, and low on money, so I have to attempt to do this pro se.
Customer: replied 12 months ago.
You are correct about the TRO
Expert:  Samuel II replied 12 months ago.

Ok. So if the TRO Is before the custody hearing, then I suggest that you will want to tell the court that you are not a danger to your son. And that with the holidays, you feel this is the Mother's attempt to keep you from your son over Christmas. And have your Mother with you who will also be able to testify that she will supervise the visits until the matter is finalized with the custody hearing.

Expert:  Samuel II replied 12 months ago.

You need to be prepared to show the court you would never harm your son, that his safety is always first. You need to show the court that first and foremost. Then you can show that the Mother is only attempting to ruin your Christmas via the child.

Customer: replied 12 months ago.
My Mom can't make it Thursday.....Other thoughts?
Expert:  Samuel II replied 12 months ago.

Your spouse, or sister or anyone is willing to be there and show the court that they would supervise your visits over Christmas and until the custody hearing.

Expert:  Samuel II replied 12 months ago.

The only other thing you have is You. And you just need to show the court, that she is only attempting to ruin your son's Christmas with you and your family. That you never did those things.

Expert:  Samuel II replied 12 months ago.

How old is your son?

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