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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 10-26-2009, 09:05 PM
SuperK SuperK is offline
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Default My ex is homeless and wont let me see my son, how do I get him back?

My ex was living in a womens shelter, now she has nowhere to go because her stay is over. She was placed there after having a fight with my current girlfriend, both were living with me at the time. My ex was being stalked and I couldnt allow my son to be placed in harms way so I allowed her to move back in with me. She got into a fistfight with my current girlfriend while holding my son in her arms, and then called the cops who arrested her and charged her and my girlfriend with assault.

Now she has nowhere to go, and my son is about to be homeless, what is the quickest route I can take to get my son back?


Please help, its urgent, he is only 3 years old, he needs his father, I am a good dad, I love him so much, and I cant stand by and allow him to freeze and starve!!!
  #2  
Old 10-26-2009, 09:13 PM
SuperK SuperK is offline
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Just to note, we have no custody agreement, and no court order. I was not charged in this incident as I did nothing. I co-operated fully with the police in whatever questions they asked me, I provided direct, and quick and honest answers.

How do I get my son back?!
  #3  
Old 10-26-2009, 11:39 PM
billiechic billiechic is offline
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Are you still living with the woman she fought with? I would think that wouldn't help...
  #4  
Old 10-26-2009, 11:49 PM
SuperK SuperK is offline
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Quote:
Originally Posted by billiechic View Post
Are you still living with the woman she fought with? I would think that wouldn't help...
No I am not, both women are under restrictions not to contact me or come near me or the house. The ex whom I have the child with has an exception for circumstances regarding our child. The other woman and I are still together, but not seeing each other until hopefully tomorrow, when her court is and we can be together. My ex caught wind of this and decided to blow a fuse, using my son against me.
  #5  
Old 10-27-2009, 12:48 AM
representingself representingself is offline
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Quote:
Originally Posted by SuperK View Post
My ex was living in a womens shelter, now she has nowhere to go because her stay is over. She was placed there after having a fight with my current girlfriend, both were living with me at the time. My ex was being stalked and I couldnt allow my son to be placed in harms way so I allowed her to move back in with me. She got into a fistfight with my current girlfriend while holding my son in her arms, and then called the cops who arrested her and charged her and my girlfriend with assault.

Now she has nowhere to go, and my son is about to be homeless, what is the quickest route I can take to get my son back?


Please help, its urgent, he is only 3 years old, he needs his father, I am a good dad, I love him so much, and I cant stand by and allow him to freeze and starve!!!
It sounds like you are a guy between a rock and a hard place!! Sometimes when we try to do what is best, it just doesn't work out that way.

Unfortunately, allowing her back into your home is definitely NOT an option, especially since you and your GF are reuniting.

Does she have any family or friends?

The only advice I can give is similar to what I have given to another poster tonight...

Apply to the courts for an 'ex parte' motion for Interim Custody, citing the best interests of the child. These motions are heard on an urgent basis, and it is the fastest route available to you.

You'll need an sworn Affidavit outlining the circumstances of the situation, as well as a draft of the order you want the Judge to make.

Due to the circumstances, it is reasonable to believe that the child is in danger. If you are asking for a temporary order for a temporary situation, you are likely to get what you have asked for.

If you agree to go back to the 'current arrangements' for access/custody, once your ex gets herself settled again, then she might be angry now, but later on, she should see that you were only doing what was best for the child.

Good Luck
  #6  
Old 10-27-2009, 03:48 PM
SuperK SuperK is offline
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Thank you very much for your post! You were very informative and I will be looking into this right now!

Quote:
Originally Posted by representingself View Post
It sounds like you are a guy between a rock and a hard place!! Sometimes when we try to do what is best, it just doesn't work out that way.

Unfortunately, allowing her back into your home is definitely NOT an option, especially since you and your GF are reuniting.

Does she have any family or friends?

The only advice I can give is similar to what I have given to another poster tonight...

Apply to the courts for an 'ex parte' motion for Interim Custody, citing the best interests of the child. These motions are heard on an urgent basis, and it is the fastest route available to you.

You'll need an sworn Affidavit outlining the circumstances of the situation, as well as a draft of the order you want the Judge to make.

Due to the circumstances, it is reasonable to believe that the child is in danger. If you are asking for a temporary order for a temporary situation, you are likely to get what you have asked for.

If you agree to go back to the 'current arrangements' for access/custody, once your ex gets herself settled again, then she might be angry now, but later on, she should see that you were only doing what was best for the child.

Good Luck
  #7  
Old 10-28-2009, 01:57 AM
Stargate Stargate is offline
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Quote:
Originally Posted by SuperK View Post
My ex was living in a womens shelter, now she has nowhere to go because her stay is over. She was placed there after having a fight with my current girlfriend, both were living with me at the time. My ex was being stalked and I couldnt allow my son to be placed in harms way so I allowed her to move back in with me. She got into a fistfight with my current girlfriend while holding my son in her arms, and then called the cops who arrested her and charged her and my girlfriend with assault.

Now she has nowhere to go, and my son is about to be homeless, what is the quickest route I can take to get my son back?


Please help, its urgent, he is only 3 years old, he needs his father, I am a good dad, I love him so much, and I cant stand by and allow him to freeze and starve!!!
See a lawyer or Duty Counsel in your nearest Court immediately.
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