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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118111
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have seizures and the lawyers took my kid and gave them to

Customer Question

I have seizures and the lawyers took my kid and gave them to my soon to be ex-husband. My husband is an abuser and has hurt me many times. I am only able to see my son 2 hours on Wednesday and only 8 hours on sunday. I haven't had them in months but yet the lawyer used it anyway.
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
How can this country use my health and take my son and give my boy to an abusive husband. I live in Arkansas and for these lawyers to do that it is not right. You are saying it is okay to abuse someone but it is not okay to ha a health problem.
Customer: replied 2 years ago.
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Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your health is not a basis for permanent removal of the child. In order for them to remove the child legally, they have to prove that you are unfit. If your medical reports state your seizures are under control and you are able to care for your child safely, then you are entitled to your child. The US Supreme Court stated that the biological parent's right to their child is a fundamental right (basic civil right) and that right will not be taken away unless there is clear and convincing evidence the parent is unfit (See: Troxel v. Granville).
You need an attorney, not to state the obvious, and you need medical reports stating that you have been under treatment which had corrected the medical condition and has it under control and the attorney will need to move to modify the custody and present evidence of the abuse and seek to get the custody reversed.
You have grounds to seek reversal based on your medical condition being treated and under control and his abuse, but you need to get an attorney to fight them on this matter. If you cannot afford an attorney you need to get to legal aid or call the state bar and seek a pro bono attorney to represent you. This is your best chance and you do have a chance here.