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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118165
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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my girlfriend just call me im on the road working her sons

Resolved Question:

my girlfriend just call me im on the road working her son's father just sever her with custody papers. she is due in cournt on the 2nd of feb. she son has been staying with the father's parents. now she is on a deferred sentince for drugs and he has been in jail for drugs. we have been dating for 3 weeks now and i took this job to help her get on her feet. now she says she has to have her own place to live and a car to get him back and forth to school. i am working on the car and i told her that she could move in with me but she think that will not help her case. the judge she will go in front of took her lttle girl away from her 5 years ago. she is trying to get her life in order but things are just happening fast than i can affordso what do i do
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
Unfortunately, at this point there is not going to be a lot you can do. She will need an attorney to answer this motion for custody and she is going to have to prove to the court she has a suitable place to live and means to get the child to school, even if it is a relative. However, if she cannot do so at this point there is a good chance she can lose and unfortunately the facts here are not on her side in the matter. I wish I had better news for you, but based on the situation you described we cannot be very positive about the outcome as those facts are all against her.


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Customer: replied 5 years ago.
ok so she looses him what do i do to get him back
Expert:  Law Educator, Esq. replied 5 years ago.
She would have to change her situation significantly and then file a motion for change in custody and prove to the court the living and economic conditions she was under have significantly changed such that the change is in the best interest of the child.
Customer: replied 5 years ago.

ok so would moving in with me be a problem in the judges eyes due to the fact it is not her place or better yet if i got a 2 bedroom place ofr us to live would the courts have a problem with her living with me. i have no record of any kind

Expert:  Law Educator, Esq. replied 5 years ago.
As you are not married, the court could have a problem with her cohabitating with someone she is not married to and use this as grounds to continue to deny her custody. If you can establish she has her own room and the child has their own room and you are merely roommates, that would likely be sufficient to convince the court that she has better living conditions for the child.
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Customer: replied 5 years ago.
thanks you for your time