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My daughter is 18 years old and is having to face a custody battle for her 2 month old son. The dad has an Atorrney and my daughter cannot afford an attorney. Has anyone been in this position? If so do you mind sharing your experience so I can give my daughter a little reassurance.Thanking you all in advance for your time.

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Anonymous

Asked by Anonymous at 1:50 PM on Jul. 18, 2008 in Babies (0-12 months)

Answers (6)
  • Just advice your daughter to be the best mom she can be. Courts want the baby to be with its mother, especially with the baby being so young. As long as your daughter is a good mom and has nothing going against her she should be fine.
    MommyMel03

    Answer by MommyMel03 at 1:55 PM on Jul. 18, 2008

  • Courts do not want the baby to be with it's mother. Courts want what is in the child's best interest...and that is to have time and a relationship with both parents.

    At this point, having a lawyer might not be such a big deal. Most states will order the parents to go through mediation before it ever gets to court(look up local statutes to see if that's the case in your area). 80% of custody disputes are settled in mediation. If both parents go in open-minded and willing to do what's in the child's best interest there's no reason they can't come to an agreement.

    Look up what the graduated or step plan for infants the courts in your area suggest. Even with a lawyer the odds are against the dad getting any more than that.

    desert_diva

    Answer by desert_diva at 2:02 PM on Jul. 18, 2008

  • Search for a lawyer too!! I'm a legal assitant, and believe me, lawyers listen to your case and take into consideration your financial status. If he has already filed, and there is a court date set, have her get the case continuance. She must go to the court house and file a "motion for continuance", she can have the case extended. What is the basis for him requesting custody??? If he has none, lawyers are quick to agree to an agreement! He lawyer that she finds should not have a consultation fee, that's when you know they're good, they don't need the money!!!!
    Alma2kids

    Answer by Alma2kids at 4:02 PM on Jul. 18, 2008

  • Whatever the details of the case are, share that with the lawyer!!! Worst possible case is that he gets custody, don't forget you can always appeal!! **** this is very important: REQUEST AND "GUARDIAN AD LITEM" FOR THE CHILD!! Because the father is the complainant and the mother the defendant, their lawyers will NOT be neutral!! A Guardian Ad Litem will take both side into consideration for the child, and most importantly, wil be the child's voice in the court room.
    Best of luck!
    Contact me if you have any questions.
    Alma2kids

    Answer by Alma2kids at 4:02 PM on Jul. 18, 2008

  • Try legal aid or see if she can find a lawyer who will take payments.
    mommy_of-2

    Answer by mommy_of-2 at 4:22 PM on Jul. 18, 2008

  • call legal aid, find a lawyer thatll do pro-bono work.
    briyeti

    Answer by briyeti at 10:45 PM on Jul. 18, 2008

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