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Old 01-25-2014, 09:48 AM
 
196 posts, read 318,879 times
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My son's ex who moved away and left him with the kids is going to try to get custody of them. He knows he has no money for a lawyer and she wouldn't sign over custody when she left. Now that she has money and he has no job she is going to take the kids. And they are in their teens. He is a good father and is looking for a job but no deal. Depressed area out here. He lost his car and needs to get a lawyer to help him keep his boys. Can anyone suggest something?
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Old 01-25-2014, 10:19 AM
 
43,011 posts, read 108,049,575 times
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Quote:
Originally Posted by windrunner4484 View Post
My son's ex who moved away and left him with the kids is going to try to get custody of them. He knows he has no money for a lawyer and she wouldn't sign over custody when she left. Now that she has money and he has no job she is going to take the kids. And they are in their teens. He is a good father and is looking for a job but no deal. Depressed area out here. He lost his car and needs to get a lawyer to help him keep his boys. Can anyone suggest something?
Where do you live? In my state, low income parents can get a free defense attorney appointed to them by the family court if the other parent initiates court action against them. Since they are in their teens, the court will take their opinion into consideration.
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Old 01-25-2014, 01:12 PM
 
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Yes, as Hopes said, the preference of the minor child is given consideration when the child is over the age of 12 (in many states).
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Old 01-25-2014, 08:54 PM
 
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There is unlikely to be a custody battle over teenage boys who live with their father. If the boys want to stay with Dad, they tell that to the judge and they do. If they want to go with mom, they tell that to the judge and they do. As for the fact that the mother has a job and father doesn't - father should go file now for child support, since he has full custody and no income. The court will send a letter to child support enforcement in the state where she works, and money will be garnished out of her wages to pay the child support to him. It happens from the date that he files, which should be first thing Monday AM.
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Old 01-25-2014, 08:57 PM
 
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You don't need a lawyer to file for child support. At least not in my state. You need to become familiar with the family court system in your area.
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Old 01-26-2014, 08:26 AM
 
14,400 posts, read 14,306,076 times
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Quote:
Originally Posted by windrunner4484 View Post
My son's ex who moved away and left him with the kids is going to try to get custody of them. He knows he has no money for a lawyer and she wouldn't sign over custody when she left. Now that she has money and he has no job she is going to take the kids. And they are in their teens. He is a good father and is looking for a job but no deal. Depressed area out here. He lost his car and needs to get a lawyer to help him keep his boys. Can anyone suggest something?
Get out the phone book and look up all listings like "Legal Aid" or "Legal Services". These are federally funded programs that provide legal assistance for low income people. If this fails, contact the office of your state bar association and request a telephone number for the nearest office of Legal Aid or Legal Services. Use these specific names. There are several catches though and here's what they are:

1. Your income must be quite low to be eligible for services.
2. The nearest office may be miles away from where you live.
3. They are busy because plenty of other people are in the same boat.

If all this fails, contact the state bar association a second time and ask if there is a lawyer in your area who would help your son on a "pro bono" (free) basis. There may be someone who would do that.

I would give a general opinion that if the kids are happy where they are and the mother has been gone for three months or more that the court is unlikely to give her custody of the kids. However, your son does have to fight and that will require obtaining legal counsel if its to be done properly. His finding a job is important though and I would literally tell him to take a job washing dishes at minimum wage if he can't find anything else.
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Old 01-26-2014, 09:13 AM
 
47,525 posts, read 69,698,996 times
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Quote:
Originally Posted by windrunner4484 View Post
My son's ex who moved away and left him with the kids is going to try to get custody of them. He knows he has no money for a lawyer and she wouldn't sign over custody when she left. Now that she has money and he has no job she is going to take the kids. And they are in their teens. He is a good father and is looking for a job but no deal. Depressed area out here. He lost his car and needs to get a lawyer to help him keep his boys. Can anyone suggest something?
Check the state's laws, some states allow older children to have some say in the matter. In some states a 14 year old can choose which parent will have custody.
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Old 01-26-2014, 09:15 AM
 
47,525 posts, read 69,698,996 times
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Or maybe since he's not having any luck finding a job in a depressed area, he should also relocate and get a job so he can start supporting his kids himself. Maybe he could look for a job where his ex managed to find one and they could share custody or she could at least have visitation.
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Old 01-26-2014, 04:34 PM
 
13,511 posts, read 19,281,755 times
Reputation: 16580
Quote:
Originally Posted by windrunner4484 View Post
My son's ex who moved away and left him with the kids is going to try to get custody of them. He knows he has no money for a lawyer and she wouldn't sign over custody when she left. Now that she has money and he has no job she is going to take the kids. And they are in their teens. He is a good father and is looking for a job but no deal. Depressed area out here. He lost his car and needs to get a lawyer to help him keep his boys. Can anyone suggest something?
I gather that SHE has hired a lawyer?..cause she's going to need one to get them away from him isn't she?
It could prove a waste of time for her, if the children are already in their teens, because even if the judge doesn't take into consideration who the kids want to be with, if they end up with her, at their age, they'll just run away from home....and back to dad.
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Old 01-26-2014, 04:42 PM
 
196 posts, read 318,879 times
Reputation: 116
Quote:
Originally Posted by markg91359 View Post
Get out the phone book and look up all listings like "Legal Aid" or "Legal Services". These are federally funded programs that provide legal assistance for low income people. If this fails, contact the office of your state bar association and request a telephone number for the nearest office of Legal Aid or Legal Services. Use these specific names. There are several catches though and here's what they are:

1. Your income must be quite low to be eligible for services.
2. The nearest office may be miles away from where you live.
3. They are busy because plenty of other people are in the same boat.

If all this fails, contact the state bar association a second time and ask if there is a lawyer in your area who would help your son on a "pro bono" (free) basis. There may be someone who would do that.

I would give a general opinion that if the kids are happy where they are and the mother has been gone for three months or more that the court is unlikely to give her custody of the kids. However, your son does have to fight and that will require obtaining legal counsel if its to be done properly. His finding a job is important though and I would literally tell him to take a job washing dishes at minimum wage if he can't find anything else.
He has been looking for a year now. He would move to an area that has jobs in his skill set (banking and financial) but he has no car since it was repoed. We'd love to help but financially we can't. We are retiring and need every penny.
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