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Family/Criminal advice??

Posted by on Sep. 14, 2011 at 7:52 PM
  • 5 Replies

Long story short, my son's father is in prison. Looking at his criminal history online..

We have:

2 - Breaking and Entering ( Felony)

1 - Possession (MisD)

1- Grand Theft Auto (Felony)

1- Kidnapping ( Felony - he wouldn't let his XgF leave the house)

2- Domestic Violence ( Felony - one from choking me, one from hitting his X with a baseball bat)

Numerous failure to comply, failure to appear, parole violations etc.

For obvious reason's, he's not a part of my sons life.

He's currently in jail waiting for trial, for burglary.

SMDH

Anyways, in May/June/July he was all for consenting to allow my DH to adopt my son. He hasn't seen my son in 3 years and my son is only 3.5 This was a mutual decision.

In August, he decides he doesn't want to sign off on the adoption, because his girlfriend, (of 2 months) wants to "get custody".. that's a laugh and a half..

DH and I started preparing to take him to court.

He's about 10,000 dollars behind in child support, and has been arrested several times. They can't garnish his wages because he can't stay out of jail long enough to get a job.

If we can get a court date while he's in jail, will they trandsport him 75 miles to go to juvenile court? Also will they provide him with a public defender, even tho' it's not a criminal case? We want this to be as open and shut as possible. We've spoken to a few different lawyers, but haven't hired any. They have all said it will be an easy case to win, with his background and the documentation I have, but that there's always a chance he could get supervised visitation..

If that's the case, DH and I just want to keep things how they are. We do not want this man in our child's life, for obvious reasons.

and before anyone asks, I was 15, stupid, immature and thought it was awesome that I had a boyfriend that had his own car, his own apartment and could buy me beed (he was 21). I got pregnant at 17, after I was in too deep. I left while I was pregnant and never looked back. That is why he's the father of my child.. I was stupid!

Okay now that that is cleared up.. any advice ladies?

by on Sep. 14, 2011 at 7:52 PM
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Replies (1-5):
.mysweetmelissa
by on Sep. 14, 2011 at 7:55 PM
Public defenders are only for criminal cases. I'm not sure about the transport. I'd say no because it has nothing to do with him being in jail.
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Chelliza1028
by on Sep. 14, 2011 at 7:56 PM

I really hope they don't.. if he doesn't show up, the judge would rule against him..

peacach.milis
by on Sep. 14, 2011 at 7:58 PM
hm. i'm not sure. but i'm sure there are people at the courthouse who can help you sort through all this and get an idea about what to expect.
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pinkcoffeecup
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Yesterday at 8:11 PM
by Gold Member on Sep. 14, 2011 at 8:00 PM

If they can prove your childs father is not fit to parent.  They might take away his rights as a parent.  Then your dh could possibly adopt.  That is something to ask your lawyer.  Depends also on laws in your state.

Chelliza1028
by on Sep. 14, 2011 at 8:01 PM

I tried calling the courts today on my lunch, however the line was busy for the entire hour ( I guess everyone had the same idea, to call on lunch lol), so I did send an email to the probate court, criminal court, juvenile court and an old friend who works in the jail.  LOL.. I just haven't gotten any responses, and I get paid on Friday, so we can file if it's a smart choice. I also set up a free consultation with a lawyer for Friday afternoon. We want to get the ball rolling, because it takes 6 months to a year, for the whole process and we don't want him to get out before the court date

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