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Does anyone have special knowledge regarding laws that protect mothers with a child under 5?

I have a 2 year old son who's getting older by the minute without me, because I was uneducated in the process of filing for custody. His father has full custody (by default, failure to respond) and I need to know what my options are from here forward. I have an attorney but don't feel as though he is doing all that he can to assist me. Please help.

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Asked by stetsonsmomi at 8:17 PM on Feb. 4, 2009 in General Parenting

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Answers (4)
  • I would get another attorney if you feel he is not up to your standards. I don't know the process.


    Answer by Anonymous at 8:19 PM on Feb. 4, 2009

  • Are you on speaking terms with the dad? If he has custody, he can choose to let you see him or have visitation without a court order. Beyond that, you need to work through your lawyer because of the failure to respond. Some judges may see that as neglect/uninvolvement.

    Answer by ozarkgirl3 at 8:54 PM on Feb. 4, 2009

  • The "Tender Years Laws" aren't in effect now that your son lives with his father. I would get another attorney if you don't feel this one is doing the best he can. If he got him solely one failure to appear and not neglect and he hasn't lived with father for a long time I don't think that it would very hard to get him back. But, now you have to prove he would have a better life living with you.

    Answer by matthewscandi at 8:56 PM on Feb. 4, 2009

  • You did not show up so the courts assumed you did not care. Fathers don't show up the same thing happens to them too. Kids thrive with dads as much as moms so you will have to prove that your home is better. It will be hard and your child may be happy with its father. Try for visitation. Many dads are stuck with that you may have to be too. I guess you kind of know what many men go through now.

    Answer by Anonymous at 9:23 PM on Feb. 4, 2009

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