Just Got Temp. Custody of My Son, What Can Mom Do Now

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

So, i was just awarded temporary custody last week for my son. His mother is in constant trouble with the law, everyone from the judge down to the sheriff know about her. When i went to court, she wasn't aware that I was even in the state. The judge awarded me custody without her knowlege because it was the best for my son. Now, we have a court date and its set for Nov. I have to fly back with my son to the hearing where she contested. My question is, do i have to worry about the court giving my son back to her? Here's a bit about us:

Me: Government employee, Hold a government security clearance, never been arrested, never done drugs, have a great job and am a great father. Married with 2 other children.

Her: Arrested for drug possession/selling out of her car while kids were in the car resulting in arrest and her youngest child was taken away by that childs father, arrested for domestic violence and served 72hrs in jail and put on 2 yr probation, got a harrassment charge while on probation and has a hearing for that charge next month (she is still on probation). Involved with a man who was charged with neglegent homocide and served 2yrs in jail and probabtion, then went back to jail for violation of probation. He stays in the house with the kids. She also leaves the kids alone at home while she goes out drinking at night and does drugs. etc.etc.etc. too much to list.

I have a lawyer already, and she is working the case, but i would like to get opinions from people who has gone through this. Thanks.

Custody issues are difficult to predict. In cases such as yours, it appears that the court granted you temporary custody due to the mother having legal and substance issues. In order for her to retain custody she is going to need to demonstrate that she has overcome, or is in the process of overcoming those issues and can provide a safe environment for the child.

You'll need to show that having custody of the child is in the best interest of the child for safety and development. As in, he is adapting to his new school, new living situation, etc.

Good luck!

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Quoting antrc170

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Custody issues are difficult to predict. In cases such as yours, it appears that the court granted you temporary custody due to the mother having legal and substance issues. In order for her to retain custody she is going to need to demonstrate that she has overcome, or is in the process of overcoming those issues and can provide a safe environment for the child.

You'll need to show that having custody of the child is in the best interest of the child for safety and development. As in, he is adapting to his new school, new living situation, etc.

Good luck!

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Edited:

Just read your post hx. Dad, I'm not sure this is a slam dunk at all for you.

Will Mom be out of jail by November? In your original post she was facing 6-12 months, so out sometime in 2012...

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Quoting Dogmatique

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Edited:

Just read your post hx. Dad, I'm not sure this is a slam dunk at all for you.

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why would you say it is not a slam dunk for me at all? is there something else i need to bring to the table to prove my case?

As far as her jail time, she went to a prelim. hearing and pleaded not guilty, she has to go back to court for the final ruling in october, at this time she could face jail time.

You had an ex parte hearing, and received temporary custody - and there's a chance that Mom won't do any time at all. Hence no change of circumstance.

Where are you located right now?

yes, it was an ex parte hearing, she is contesting it and that is why we have to go to court in Nov. i am currently living overseas and working for the US government. The judge knows this and i will attend all hearing at his court. My son is with me here and started school today on a military installation, DODDS school. my question is, will she even have a chance to regain custody of him at our Nov hearing? she is still in trouble with the law and cant erase her past.

Dad, I hate to say this - but yes, she absolutely does have a chance at regaining custody. Yes, she's still in trouble - but if there is no conviction, the court can favor the status quo Mom had PRIOR to the temp orders.

well, the decision the judge made was not entirely based on the fact of her current situation, its was mostly based on what has happened in the past. This is something that cannot be changed. I am just really hoping the judge will notice that my son has a better life with me instead of her. He has been sheltered with her and now he has been experiencing what a child should experience. I believe that her past and current situation will not look too good on her.

Honestly? No - the judge made the order based upon what you alleged in an ex parte motion. Mom didn't even have a chance to appear - you merely stated your case, and the judge ruled erring on the side of caution.

It's very common.

Her past wasn't an issue before now - she was deemed a fit parent, and THAT is what is going to be in her favor. Despite everything in her past, neither child services nor the court recommended the child be removed from her custody.

I'm really sorry, Dad - I know this isn't what you're wanting to read but this isn't as much of a walk in the park as you've been led to believe (in my opinion).