Results 1 to 2 of 2
  1. #1

    Exclamation Grounds for Emergency Custody

    My question involves a child custody case from the State of: Alabama

    I am asking this question for a friend.

    He has two children (ages 2 and 8mth) by his wife, who we will call Sara. Sara has been calling him screaming for the past three days, threatening to do stuff like go to the cops and say the bruises on her daughter are from him beating the child. She is living with a man who has a criminal record (3 possession of controlled substance, 2 possession of drug paraphernalia) and he strongly believes that she is using meth around the child. My father is a cop (drug task force) and I have spoken with him and he says that in the past month, they have been called out to that house multiple times. He is very worried for the safety of his children- in a span of two minutes, she went from calm, to laughing, to crying, to screaming. She has had a mental breakdown similar to this before and has been diagnosed with bipolar disorder. He is afraid she will snap at any minute. He pays child support and has visitation. Problem is, he pays so much in child support that he can't afford a lawyer, but those children are in danger because of her mental health. What can be done? He has about 500 dollars.


    EDIT: She has a history of drug abuse, by the way. When they met, he pulled her out of a crack house. I've seen the way she has been acting personally, and there is something very wrong with her.


    EDIT 2: I'm sorry. I forgot to mention that every time he gets his children, their diapers are so wet that they have soaked through their clothes. The little boy (youngest) had a swollen eye with a film over it last week. The little girl was so dirty, she looked like she had been taking a mud bath. I saw this for myself. This is case of neglect as well as the mother being mentally unstable.

  2. #2

    Default Re: Grounds for Emergency Custody

    Quote Quoting haleydonelle
    View Post
    He has two children (ages 2 and 8mth) by his wife, who we will call Sara. Sara has been calling him screaming for the past three days, threatening to do stuff like go to the cops and say the bruises on her daughter are from him beating the child.
    She can threaten whatever - until she actually DOES file such a report, there's nothing to preemt it. If such a report is made, child services will be obligated to investigate, but if the report is blatantly false, it'll only come back to bite mom.


    She is living with a man who has a criminal record (3 possession of controlled substance, 2 possession of drug paraphernalia) and he strongly believes that she is using meth around the child. My father is a cop (drug task force) and I have spoken with him and he says that in the past month, they have been called out to that house multiple times.
    Ok - but have any of those calls resulted in criminal arrests? Drug related? I can call police out to a house every day, but if nothing is actually FOUND, it's not relevant. If police have been called out repeatedly and haven't found reasons for THEM to contact child services, that's going to tell the court that nothing requiring ACTION has been found - otherwise police, who are mandated reporters of child abuse, neglect, and endangerment, would have acted.


    He is very worried for the safety of his children- in a span of two minutes, she went from calm, to laughing, to crying, to screaming. She has had a mental breakdown similar to this before and has been diagnosed with bipolar disorder.
    Having bi-polar disorder in and of itself won't impact custody - he'll need to show that she's got some pattern of behavior or some documented incident that the court can act on. Again, if police keep visiting and haven't found anything to ACT on or call child services, that doesn't help his case that there is some imminent problem - at least not one worthy of the court considering an EMERGENCY custody order.



    He is afraid she will snap at any minute.
    Unfortunately, the courts, just like law enforcement, act on what HAPPENS. If the snap HAPPENS, dad needs to be ready to move.


    He pays child support and has visitation. Problem is, he pays so much in child support that he can't afford a lawyer, but those children are in danger because of her mental health. What can be done? He has about 500 dollars.
    He's going to need to retain an attorney and work with that attorney to come up with EVIDENCE of such danger. Thus far there's a lot of speculation and circumstantial evidence.


    EDIT: She has a history of drug abuse, by the way. When they met, he pulled her out of a crack house.
    So he had children with someone he KNEW had drug issues. That tells the court that he's ok with his children having a mother with drug issues. That's going to seriously cramp his claims that he's worried about it now - again, unless he's got EVIDENCE to the contrary. Evidence of something that has actually happened, not "what ifs". Have the children been left alone? Neglected? Not fed? Got burned on a crack pipe? Something? If so, where are the reports from police or child services documenting these things? THAT is what the court is going to want to see.

    I've seen the way she has been acting personally, and there is something very wrong with her.
    Ok.


    EDIT 2: I'm sorry. I forgot to mention that every time he gets his children, their diapers are so wet that they have soaked through their clothes. The little boy (youngest) had a swollen eye with a film over it last week. The little girl was so dirty, she looked like she had been taking a mud bath. I saw this for myself. This is case of neglect as well as the mother being mentally unstable.
    If he wasn't upset enough about such things to report them to child services, the court is unlikely to find them meaningful. His best weapon is DOCUMENTATION, by a neutral third party, such as police or child services, if he wants the court to take such claims seriously.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

    1. Sponsored Links
       

Similar Threads

  1. Modification of Custody: What's the Effect of an Emergency Custody Order on Prior Custody and Support Orders
    By Helpasingledae in forum Child Custody and Visitation
    Replies: 3
    Last Post: 02-11-2012, 04:25 PM
  2. Grounds for Emergency Ex Parte Custody Orders
    By mbabcock79 in forum Child Custody and Visitation
    Replies: 3
    Last Post: 05-14-2011, 11:30 AM
  3. Child Abuse: Is Ex's Drug Abuse Grounds for Emergency Custody Order or Hearing
    By duty2kids in forum Abuse and Neglect
    Replies: 8
    Last Post: 03-29-2010, 10:30 PM
  4. Grounds for Sole Custody
    By rowdy09 in forum Child Custody and Visitation
    Replies: 1
    Last Post: 04-03-2009, 04:27 AM
  5. Emergency Custody And Full Custody In Wisconsin
    By WiDadwCustody in forum Child Custody and Visitation
    Replies: 2
    Last Post: 02-28-2008, 07:00 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document