Please help (Custody of child)

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Old Sep 1st, 2008, 10:15 PM   #1
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Angry Please help (Custody of child)

Hello every one. I have a very important question for every one and I would like some input into what to do. I will explain what is going on so you get a brief explanation of what is going on.

On Monday the 27th my ex-girlfriend flipped out on me out of now wheres when I was at work. I called he to find out if she need a ride to work that day and she got all bent out of shape about it and started calling me a unresponsible father. That I don't do anything for my son and don't spend time with him or her. \

I was like are you crazy.. "what did I do to you to make you do this?" She wouldn't answer me at that time. I was told I needed to get home before she left with my son due to the fact that I was the only one that could stop her because I had parental rights too. Well when I left I get home and she was not there. I walked out and asked my father where was she and my son.. He said "I haven't seen her all day". Well I texted her to find out where she was and she said she was getting her stuff and leaving. She finally came into the house and I was like where is my son, she wouldn't tell me so it went on for about a good 10mins before my father walked up and said "By law he was the right to now where his son is", so she told me.

My father talked to her about getting her stuff and letting me see my son when she came over. Well she came over on Wednesday and brought my son as well for me to see... she got most of her stuff and took all my paper work with her as well due to her having a key to my filing cabinet that I didn't know about at the time. When she did this she left within about 20min leaving most of her stuff here at my house as well took my son with her. The police told me and her that she has the right not to let me see my son until court and that she brought him meaning she left with him... (She smiled and laughed at me on the way out)

The next day she called CPS on me for child abuse which the child was not at my house. The cops came by and asked me if I had the child and I was like "No, my ex took him Monday night and I have not seen them since". They looked around and noticed he was not there so they sent CPS over to her house and that is where they busted her with the child. This is my first child and I will do what I can to get him back

I have contacted the Legal aid office but wont get a response till tomorrow.

I have been trying to get a hold of them regarding her stuff and my son and neither her mother or my ex have returned any of my calls or emails regarding anything. She has filed for support against me and I have not received a letter or a notice about this meaning that I was served and she got it (I know this because she was not working and was at home at the time. The letter was sent on the 22nd of August. I had to find out from some one she was talking to at the time and she informed me of it, so, I checked up on it and sure enough it was filed.

I need some help on what to do and anything at this point would be extraordinary.

She wont let me see my son or let me call to find out any info on him (Etc. Make sure he is ok, if he needs anything)

I didn't do anything to make her do this in the first place. She filed for child support back on the 4th of August... I need some help on what to do. I am getting an attorney right now. She has to take Alprazolam and Levetiracetam for her disorders and she was locked up in Austin state hospital about two years ago. Any info would be great.

I am willing to fight for my son until I have nothing left. I don't know if this is helpful but I do live int he US (TX)

I am very new to this and I didn't know to file for emergency custody or visitation. I am doing everything I can to catch up to her before anything else happens. I really need some help in what I should do and what would be the best solution.
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Old Sep 1st, 2008, 10:55 PM   #2
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Default Re: Please help (Custody of child)

You must understand, despite what you think and what your father told this girl, you have NO RIGHTS WHATSOEVER as an unmarried father, unless there is a court order in place granting you rights.
So if you don't have that court order yet, go file a motion for paternal rights and request interim visitation until the court hearing is held.
Your chances of getting custody are practically nil.
Your chances of getting default visitation rights (every other weekend, one night a week) are excellent.
Your chances of getting 50/50 custody, or close to it, are not bad. That is what you should shoot for. To support this you will cite the fact that you have been acting in the role of father for the child while the child was living with you. You will all cite the mother's actions in withholding the child from you and in filing false charges against you with CPS as evidence that she would not work to make sure both parents had access to the child and that her testimony lacks credibility.
Know your rights. Keep your head about you. Let her be the one who gets hysterical and makes the stupid mistakes that you can later use in court.
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