Help! A Father With Questions!!!

[jlminogue]

What is the name of your state? VA
My ex and I split in 97 when my daughter was one and she left the state with no type of contact number or anything. In 2000 I was served for child support, which lead me to finally find her whereabouts. Once they moved closer to me last year, I have been actively involved in my daughter's life although no official custody or visitation agreements were signed. She has always lived with her mother, who has moved frequently with boyfriends?? but eventually always has moved back home with her parents. I pick her up every other weekend because of my work schedule. She also stays with me from 4 to 6 weeks in the summer. Recently her mother was admitted to the hospital mental ward for her bi polar disorder and drug abuse. This is her third time with drug abuse. Her parents neglected to let me know if this incident for a weeks time, so they could seek legal counsel, now they want me to sign over temporary custody to them. I don't know what happened the night of the hospitalization and am very concerned for my daughter and her well being emotionally. I know that she is safe with the grandparents, but now I would like the chance to have custody of my daughter to show her a better stable life. I am married and my wife is a teacher and we are doing well for ourselves, and feel that we can provide for her and give her the things she need physically and emotionally. What are my chances of getting sole custody! Please HELP!!
Thanks (sorry so long!!!)
A Father who Loves his Daughter!!!

 

[BelizeBreeze]

You wake up first thing in the morning, contact a Family law attorney before having your first cup of coffee and have him/her file an emergency order for temporary custody.

The grandparents are trying to pull a fast one because they know they have NO rights to this child. That's not to say you shouldn't keep them in the child's life, but if you don't do something now, it will be a long difficult fight.

 

[jlminogue]

Thank you!

Thank you so much! Unfortunately it is Veterans Day tomorrow, I have contacted many lawyers today for I do not live in that state and I pray that they call me back! We live in a one bedroom apartment but are signing a contract on a three bedroom house on Friday to buy, do you think this is a problem? What do you think the chances are of me getting sole custody?
Thanks
A Father Who Loves his Daughter

 

[BelizeBreeze]

Thank you so much! Unfortunately it is Veterans Day tomorrow, I have contacted many lawyers today for I do not live in that state and I pray that they call me back! We live in a one bedroom apartment but are signing a contract on a three bedroom house on Friday to buy, do you think this is a problem? What do you think the chances are of me getting sole custody?
Thanks
A Father Who Loves his Daughter

I'm not going to tell you it's a slam dunk. But I will tell you that you have a much better chance than her parents IF you act now. And as long as she is in the hospital you need to have that child with you.

Temporary custody is all you can hope for at this time. To overturn the standing custody order you'll need to follow through.

 

[jlminogue]

Thank you!

Thank you so much for replying to my question, I don't think that the child support established custody to either parent. I was wondering if I need to go and pick up the child from the grandparents. I am trying to not make too many ruffles before the storm. I want to be prepared to make my move and know that I have all my ducks in a row.
Thanks
A Father who Loves his Daughter

 

[nextwife]

Regardlesss, it is very unlikely the GRANDPARENTS have a custody order granting THEM custody.

Some counties have court records available online, either free or for a fee. You may want to start by checking your county:

http://www.searchsystems.net/

 

[jlminogue]

Grandparents

No they don't have a temporary custody order their attorney has just drawn one up for me to sign.
J

 

[nextwife]

Well, if it were me, I'd feel I should have custody of my own child BEFORE the Grandparents do.

 

[stealth2]

I didn't reply earlier as I think the answers you've gotten are right on target. Get a lawyer, file for custody.

 

[jlminogue]

Granparents

I DO feel like I need to have custody of my daughter. I have called about 20 lawyers in the area in which she lives so now I am just waiting for a return call. She (the mother) was admitted a week ago. I just found out last night. I probably would not have found out if I didn't let the phone ring 20 times to leave a message at least. All I can do now is hope that I can gain custody!!
Do I really need a lawyer to file for emergency temporary custody??
J

 

[jlminogue]

Thank you

Thank you stealth2
One more question? Should I apply for Temporary Custody or go for Sole Custody?
Thanks in advance
J

 

[Mmaydawn]

This is what I would do. Go to your child state of residence and file in that county for sole custody. Then schedule a temporary orders hearing at the same time. What state is your daughter in? The court where you have to file papers might have forms to help you file these papers. You need to act quickly.

 

[jlminogue]

State Residence

She lives in VA. Thank you so much for your response!
J

 

[Mmaydawn]

Here is a link to the courts website in VA. I would look on there about the forms you might need. You may be able to file the papers yourself. But I would hire an attorney to go with you to court.



http://www.courts.state.va.us/forms/district/jdr.html

 

[stealth2]

My personal opinion is that it is extremely foolish to ever have any court proceeding regarding a child and NOT have an attorney involved. ESPECIALLY if the other side has one.