I need Legal Help ASAP! Fighting for Emergency Custody of my Son!!!

FastCarsSpeed

Come Play at BigWoodys
Does the ex wife have sole physical custody? If not and you have shared custody with the child residing with mom then you have rights at the childs age to keep them until the court hearing. There is no legal battle here. If both parents are fit then the child decides where to live. I left my mom at 12 years old while on spring break visiting my dad. She didn't believe me when I packed up all my crap and left to live with him.

She called the state police trying to say I was kidnapped but the state police considered it a court matter and did nothing about it. My parents had shared custody with my residence being my mothers. But MD law states at the age of 12 a child can decide which parent to live with. I went into the judges chambers and said I want to live with my father that was it.
 
J

julz20684

Guest
BillnChristi said:
According to Florida Law and other states. My son has the right to decide which parent he wants to live with. This law goes into effect when they reach the age of 12. I am not trying to prove she is unfit. But he wants to live with me and it is his right. He is currently staying with me over the summer. He doesn't want to go back. Normally, I would say that yes it would be difficult. But since he is of legal age to decide himself, I am just trying to find out what needs to be done and how to do it.


This doesn't make it an emergency to the courts.
 

BillnChristi

New Member
julz20684 said:
This doesn't make it an emergency to the courts.


No that does not make it an emergency. What makes it an emergency is the fact that he has failed the 8th grade the last 2 years. A federal law is in effect that says no kid can be 15 and start the 8th grade. So if he goes back, he will probably have a good start at failing the 9th grade also. He has already discussed dropping out of school when he turns 16. However, since he has been here, I have convinced him that that is NOT a good idea. So the emergency is the fact #1 He wants to live with me. Since that is stated, emergency custody can be granted until the official custody hearing takes place. #2 The judge might grant temporary custody considering that the new school year is starting and switching schools could be worse than what he is going through now. #3 I have proof of emails that she originally wanted him to come live with me at the beginning of the summer and now changed her mind when she realized she would be losing the child support. and #4...I have decided to also fight for custody of my daughter at the same time. Things have come to light since she has been here that I didn't know of. One of the things that is happening is that someone my Ex and daughter had put in jail about 3 years ago is getting out of prison. He abused both my children and now I am afraid for their safety. This person may try and retaliate against them or their mother. This alone is just cause for emergency custody. But I don't want to go into alot of detail as to what happened...you can just use your worst imagination and I am pretty sure you will come close to what happened.
 

SouthernMdRocks

R.I.P. Bobo, We miss you!
BillnChristi said:
According to Florida Law and other states. My son has the right to decide which parent he wants to live with. This law goes into effect when they reach the age of 12. I am not trying to prove she is unfit. But he wants to live with me and it is his right. He is currently staying with me over the summer. He doesn't want to go back. Normally, I would say that yes it would be difficult. But since he is of legal age to decide himself, I am just trying to find out what needs to be done and how to do it.

You should be able to set this into action here in Maryland I think if your son has been here with you for a couple of months. Pay to have a consult with an attorney. With his age you can file the paperwork yourself.
 

Fred Prince

New Member
Good luck with that one. If Florida is the custodial state, you'll have to do this down there, if not then you might be able to do it up here. I do know that usually the one who files first usually gets it.
 
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