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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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I have a matter I need some advice about, Ok.... I have a

Customer Question

Hello I have a matter I need some advice about
JA: Thanks. Can you give me any more details about your issue?
Customer: Ok.... I have a son 4months old. The mother embarrassed me in front of my church telling me he isnt mine. I said I wanted a dna test she tell me no. We got into it badly. I lost control and busted her window. She put a restraining order agaisnt me. We went to court and the judge asked her do she want to press charges and make the restraining order permanent... She was crying and said no just want me to leave her alone but give us a 30 day cooling off period. Ok I checked our phone records, I found out she has been messing with an ex that she has bad history with... Ok. ... Now this man JUST got out of jail for dv against his own mother of kids and did it again. Now he has a warrant M1 for dv, endangering his own kids AND F3 warrant for abduction. He just did this in the last 30 so his warrabts are very recent. ... Me I work construction and my app was accepted to be in state highway patrol. I have never really got into troble I take care of my kids and do my best to be a productive citizen. What soo I do because Im concerned about my son call cps? Also I had to go get a court ordered dna test because she refuses to give me rights and my son looks just like me so I know he is mines. What do I do and can I fight this
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Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You said that you had to go get a court ordered DNA test - what happened when you did that? Did you also file for custody or visitation? What state are you in?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
The court date for the test is 60 days away
Expert:  Lucy, Esq. replied 1 year ago.

Thank you.

Did you file for custody or visitation at the same time? Or just the test?

Customer: replied 1 year ago.
The test first for rightnow. The next week Ill file for visitation and custody.So did I do the right thing about calling children services about my son being at risk of being in harms way being around this guy? He is also a known drug dealer
Expert:  Lucy, Esq. replied 1 year ago.

Yes, you did the right thing by alerting CPS if you believe the child is in danger.

It is sometimes possible to go to court and get an emergency custody and visitation order. You could hire a local attorney and ask if he can file an Emergency Ex Parte Motion to try to speed things up - that would get you in front of the judge faster. But you have to show that the mother is creating or allowing to exist an immediate threat to your son's health and safety.

Expert:  Lucy, Esq. replied 1 year ago.

You didn't say whether the mother is currently living with the ex. That could make a difference.

Customer: replied 1 year ago.
Possibliy... As her phone records and gps has shown through voice activation for finding things on google that she has been near him with the baby in the background.the mother of my child lives with her parents. HER father is also very controlling verbally and emotionally abusive to the point that he kicked me, her sister and her husband out the house for no reason even pointed a gun at us and shot at me... I made a report about that too. Also her mother is not even happy in the marriage as the father has beat her shot at her haa a kid on her dont want to help pay bills and everything. I have alot of emal phone records anddocuments to prove all of this.
Expert:  Lucy, Esq. replied 1 year ago.

Her mother's feelings toward the father don't have any bearing on the situation unless you can establish that she's likely to become violent. But everything else you're saying should weigh in your favor once you get to court. The judge wants the child in a safe, stable environment, and it sounds like you're in a good position to provide that. You just have to file the paperwork to get things started.

Customer: replied 1 year ago.
The reason Im also concern about the grandfather because he is known for flying off the meter at any giving time. Its been time ol girl has called me crying about how her father has snapped at her and her mother while in front of my son. So I have many concerns about the safety of my son
Expert:  Lucy, Esq. replied 1 year ago.

I can understand that.

If his living environment is not safe, talk to a local attorney about seeing if you can get an emergency order. If your name is ***** ***** birth certificate, it may be possible.

Customer: replied 1 year ago.
Its not on the bc
Customer: replied 1 year ago.
Which is why I had to go get a court ordered dna test and she running from it
Expert:  Lucy, Esq. replied 1 year ago.

Then you may want to see if a local attorney can file anything to move up the request for the paternity test under the circumstances. This unfortunately isn't the type of scenario where there are free forms online you can easily file yourself.

I have to sign off for a bit for an appointment. This unfortunately happens sometimes because experts have no way of knowing how much time customers will need for follow-ups. If you have any more questions, I'm happy to answer them when I return. I apologize for the inconvenience.