QUESTION
How do I get my son's father out of his life?
Asked on Mar 07th, 2014 on Child Custody - Idaho
More details to this question:
My son's father is a deadbeat. He hasn't had a job in over 5 years, lives off of various women, including his mother, is an ex-drug addict (could be still I am not sure). My son is living with him and his grandma right now but I am the custodial parent. He is living with him because when I try and discipline my son, his father is either in his ear telling him he doesn't have to listen to me or the man that is in the house disciplining him or he and his mother are coming to pick him up because my son told them a dramatic version of a situation where we disciplined him. When living with me (which is what he did for the first 12 years of his life with weekend visits with his dad) he gets decent grades, goes to school and is well behaved outside of the home. Currently he is failing 7th grade, not going to school, lying more than usual and is getting more and more overweight each time I see him. I need to know what my legal rights are? This is a reoccuring pattern with his father.
4 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Go get him if the original order granting you custody is in effect. Sounds like child and family counselling is needed too. The choice of the child is only one factor in deciding custody. The child's best interest is more important. In that the dad has failed thus far, you stand a good chance of getting him back even if he will not come voluntarily. You may have to file a application for a writ of habeus corpus
Answered on Mar 07th, 2014 at 9:35 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It sounds like you have done nothing to regularize your son's residential arrangement. The only valid way of dividing time between 2 parents is with a parenting plan which the court must sign. It sounds like you've operated with a private arrangement which is not legally valid, and now the 12 year old is in control because neither of the parents has done what's needed. File a petition for a parenting plan, lay out the situation and get a proper plan into place.
Answered on Mar 07th, 2014 at 9:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If clearly needed to enforce the current and in effect custody order and potentially seek to terminate parental rights of his father, which will be quite difficult and expensive. I would suggest you at least counsel with an attorney for an hour or so to determine whether or not there is a reasonable likelihood of your succeeding in the attainment of your goals.
Answered on Mar 07th, 2014 at 9:51 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, you have an order in place that only allows your ex weekend visits. Call the police and have them take your son away. You may want to consider filing a motion for contempt because dad is not complying with the order. This is a little problem for you because you are not either. If you want best advice, talk with a local family law attorney that can go over your present order and the situation with you and let you know what you can do.
Answered on Mar 07th, 2014 at 9:51 AM