Any Law Buffs Here That Can Help In Regards To Child Custody?

[Striker911]

Well my ex is doing me and the kids dirty again. My son moved in on the 11th of this month. She brought him to me in AR and she lives in KS. Every time she brings him its under her terms and I don't mind as long as I get to see him. Only now that he is almost 9 he is starting to act up a lot more. Hitting his mom and cursing the man of the week. I will just say he is not in good hands and I can fix that. I feel like its my job as a parent to do so.

Well every since the 17th she has been trying to talk him into coming home and saying she is going to take him. She said in the beginning that I could have him full time so I put him in school and bought everything needed for that. Now she says I need to get his stuff ready and she is picking him up tomorrow. This is his 8th school and he just started the 3rd grade.

I really don't want her to take him cause I know its just going to get more ugly for him. We have no formal custody arrangement. Can I lock the gates on my property and keep her off my property while I work on getting an attorney tomorrow and filing for emergency custody? Also do I have a chance in hell of pulling this off or should I just let her take him. I will say that if I just let her take him its like sending him out to the wolves. But I will if I have to. I don't want to break any laws. At the same time if I never do anything then I have myself to blame and she will always take advantage of me and the kids. I bet the social worker told her that the child support check was going to stop and the food stamps also. That has to be it. She already made it clear that she is to claim him on the tax's. I never contested it. Its not whats imp here. Its way to soon to be going into this otherwise.

If anyone can help me figure out what to do then please chime in. I would be grateful.

 

[elmattias]

man i'm no law professor or anything, but i'm pretty certain that talking to your child and trying to convince them to leave their other parent to come live with them is a huge no-no, at least here in louisiana, as here living arrangements are supposed to be worked out between the adults and the child does not get a say in the matter until they are like 15 or 16...

as far as your ex...you cannot, repeat: CANNOT bar her access from her child, else you're doing yourself more harm then good...you can bar her access if she does not pay child support if their is no custody agreement in place, but if she is paying you cannot bar her access...that is critical. now allowing her to take him? that is a different story, i'd speak with a lawyer to find out the terms on that....

if you want my opinion, make sure you pick him up from school...don't let her get their first, go straight to the lawyer's office with him and consult him before going home....its rough out there for dad's man, you gotta do what you can to protect your rights.

 

[Striker911]

Okay thanks. When your as mad as I am its hard to make sound judgment in a situation like this. Especially when you don't know the laws but want to stay within them. I am trying to get a hold of the lawyer now and the gates here are staying unlocked. I told the mom that if she is going to make the 5 hour drive here to get him, that she is going home without him. So it might as well just be like a Sunday drive. I'm letting him go only if I have to.

As far as school goes I have kept him here for the day. The school already said that if she is the mother they have to let her take him when she comes. I hope to get emergency temporary custody till we can go to court. Not even sure if that can be done in a day, but he will be in school tomorrow. I am really worried about that but otherwise I think it would hurt him not to go. What a tangled web.

 

[Striker911]

Well its to late. She came with the order and the cops. Day late and a dollar short. DAM I just lost my son.