More details to this question:
My son is 5 years old and lives with his mother. She moves him from place to place because she has no steady home. My wife and I had to enrolled him in school because of her laziness. One child has been taken from her and she just had another child. The school calls and let me know the lack of care he is receiving. Which including not dressing properly and going to bed hungry. I had to go to the school and take him clothes.
13 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced attorney and file for custody.
Answered on Oct 23rd, 2012 at 3:01 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney to file a petition for modification if a judgment has already been entered. If not hire one to file a paternity action. Seek primary residential care parent status.
Answered on Oct 23rd, 2012 at 12:07 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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If there is a parenting plan you need to modify it. If not, petition to establish one making you the primary caretaker in both.
Answered on Oct 22nd, 2012 at 10:35 PM
Sounds like you may need to file a Motion for Modification of Child Custody and/or Child Support. You must then show the Court why it is in the child's best interest that the modification be granted.
Answered on Oct 22nd, 2012 at 10:19 PM
I would advise you to seek a good Domestic Relations/Child Welfare Law attorney and file for a change of custody. You have an absolute obligation to insure your child's well being and to protect him at all costs. Otherwise, if this matter should end up in Juvenile Court (perhaps due to the school calling the State regarding the mother's neglect of the child) the State could bring an allegation of "failure to protect" against you.
Answered on Oct 22nd, 2012 at 10:11 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Based on the facts you provided, you should have a good opportunity to gain custody. If you were not married to the mother, and custody has never been addressed by a court, you only have to show it is in the best interest of the child to live with you and have you make decisions for him. If custody has previously been awarded to the mother, you have to show a detrimental change in her or your son's circumstances since the last custody order, before you reach the best interest issue. You file for custody in juvenile court if you were not married to the mother. You file in domestic relations court if you are divorced from her.
Answered on Oct 22nd, 2012 at 10:10 PM
Michael Paul Vollandt
You should file a modification of child custody and visitation in the Court that issued the Judgment.
Answered on Oct 22nd, 2012 at 9:51 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File for custody. Bring I'm evidence of neglect. This is opinion only not legal advice as I don't know all the facts.
Answered on Oct 22nd, 2012 at 9:43 PM
1 Award
You need to file an action to modify custody and request that it be awarded to you.
Answered on Oct 22nd, 2012 at 9:36 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Since it appears you were never married to the mother and there has never been any determination of your parental rights, you need to file a paternity case to be declared the legal father and to have the court specifically decide how to allocate parental responsibilities. That includes a determination about where the child lives the majority of the time and what time is spent with the other parent. You need to consult an attorney who can review all the relevant facts and properly advise you of your options. If you and the mother cannot agree on a suitable parenting plan, the judge will have to decide solely on what is best for the child.
Answered on Oct 22nd, 2012 at 9:07 PM
File for change of custody.
Answered on Oct 19th, 2012 at 9:52 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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You have a battle on your hands, Contact a family law attorney in your area ASAP.
Answered on Oct 18th, 2012 at 7:33 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Consult with and retain an attorney.
Answered on Oct 18th, 2012 at 7:33 PM