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AttyHeather
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 546
Experience:  Attorney with 15 years experience
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I have a five year old son. Recently, s father wanted to get

Customer Question

I have a five year old son. Recently, his father wanted to get back together with me. When I refused he suddenly gave me papers to sign giving him primary custody ! He took Lane because it was a day I gave him to visit, gave me the papers blank, and said if I don't sign them He wont give me back my son !!! He wont give him back !!!! Im a great Mother,what do I do ?????
Submitted: 4 months ago.
Category: Family Law
Expert:  AttyHeather replied 4 months ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'd like to assist for informational purposes.

Is there a court order that awards you custody already?

Customer: replied 4 months ago.
No. We have nothing in writing as of now. We have always gone back and fourth verbally.
Customer: replied 4 months ago.
He starts Kindergarten on Aug 5th and his father has no means of enrolling him in school because I have all personal documents (ie birth cert. shot records social security card) I don't know how to go about settling this before then...
Expert:  AttyHeather replied 4 months ago.

You need to file a petition for paterntiy/custody with the court. Some states offer free forms to do this, but I have been searching on your state's website for the past 30 minutes, and have not found free forms. If there are free forms, they are not easily accessible at all. I have also searched your state's bar's website - as sometimes free forms are found there, but there aren't any there either, unless you are an attorney licensed in Mississippi.

You can telephone the court clerk and ask the clerk if there are free forms to use for a paternity case, and they will let you know, but you can't do that until tomorrow when they are open. You will not only need to file the petition, but you need to file an emergency motion for temporary custody (sometimes called ex parte motion for temporary custody) alleging that the father kidnapped the child from you, and is refusing to return the child, and that the child is young in years and you have been the child's primary caregiver, and that the police could not assist as there was no court order to enforce.

Keep going through the process to get him enrolled in school, and keep sending the father messages that he needs to return the child immediately.

Expert:  AttyHeather replied 4 months ago.

The best thing I could find was this - http://www.mdhs.state.ms.us/media/265067/pro-se-packet.pdf

These are forms for your state to set up visitation.

IF all else fails and you can't afford an attorney, you could cross out all the references to you wanting visitation, and write in that you want custody. The procedure to setting up visitation is going to be similar to that of obtaining custody, so it might work.

Expert:  AttyHeather replied 4 months ago.

Please let me know if this has helped answer your question.

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