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I was served today with a summons from my ex sister in law…

Customer Question
I was served today...

I was served today with a summons from my ex sister in law who is fighting for custody of my 10 and 6 yr old

Lawyer's Assistant: Family law varies by state. What state are you in?

Ky

Lawyer's Assistant: Have you talked to a lawyer yet?

No i was just served today

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She put that her sister who is my ex wife is on drugs and that i have made minimal attempts over the last 6 yrs to see my boys. The truth is i just lost my job that i had for 6 yrs where i worked 6 to 7 days a week and carried insurance

Submitted: 7 months ago.Category: Family Law
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9/30/2017
Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,551
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed NY attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

Thank you for that information. Did you keep in contact with the kids, and if so, how often? Did you ever see them? Thanks.

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Customer reply replied 7 months ago
I take my kids to school every morning and pick them up. Since I lost my job I now have time to spend with them. I also give my ex in-laws my tax refund every year while my ex wife contributes nothing . I truly believe my ex sister in-law is taking out her frustration for her sister on me and my oldest son stays almost every night with me since I've been laid off. I worked third shift so seeing the boys to school was fine but picking up was hard because I worked 6 to 7 days a week
Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago

Thank you for that information.

Before you got laid off, what was your relationship with your children -- how often would you contact them by phone, see them, etc? I represent children so I have a lot of expertise in this area of the law. Thanks.

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Customer reply replied 7 months ago
Well my oldest never left my side and my youngest was a infant
Customer reply replied 7 months ago
I live 6 houses down from where they stay. My ex wife and I have joint custody. My ex wife sadly has a drug addiction and is homeless so that's why she stays there not to see the kids. I asked what they need from me and they said just work and keep the house so the boys will be close to them. My sister in-law even lived with me for over a year rent free to help me with the boys
Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago

Thank you for that.

So what you're saying is that you never abandoned the children and that the sister in law is making it up (or worse) that you made minimal attempts to see the children, correct?

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Customer reply replied 7 months ago
Now she wants custody
Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago

Right. But you are the father, and if you have never abandoned the children and have continued to support them and have a relationship with them, then you have superior rights to your sister in law.

I just wanted to clarify that. I represent children so I understand the dynamics of a custody case. As long as you have not abandoned the children and have been part of their lives, and if you've been paying support, then you have a superior right to the sister in law. Is this basically the situation here?

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Customer reply replied 7 months ago
Your absolutely right. The only time I'm not around was because I worked
Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago

Great. Then you should be in good shape. Do you have a custody petition filed? If not, make sure you file one right away because if you file one you will have superior rights to the sister in law.

You should get an attorney if at all possible.

We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one.

I have a short, easy to understand guide and it will show you what to look for in an attorney. You can always run your picks by me and I can let you know if I think you're on the right track. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. Just let me know if you want this information.

Good luck to you! You can come back here free of charge after I'm rated for a follow-up question.

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Feel free to come back here for a follow-up question based on this one.
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Family Lawyer: FamilyAttorney, Lawyer replied 7 months ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Let me know if you need names of lawyers and I can help you if you let me know where you live.Thanks!

FamilyAttorney

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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
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Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years

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