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  1. #1
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No Court Papers, Husband Took Kid, No Medicine

    Assuming this is Hamilton County, downloadable forms can be found here.

    If you have already filed for divorce and custody, why not seek a temporary order governing custody and visitation? (A temporary order lasts until the court issues a permanent order; it's not an emergency order.)

  2. #2

    Default Re: No Court Papers, Husband Took Kid, No Medicine

    Just updating. I called an attorney on Sunday. He met with me same day and filed emergency hearing on Monday. Judge granted it based on sheriff stating he suspects my husband was on drugs and that husband declined childs Life saving medication. My son was back in my custody that same day. Husband did not take child to school or call him in sick on Monday. I just wish that I found this attorney 5 months ago as in just 24 hours, I have restraining orders, exclusive rights to the home, and most importantly, my son. No more worrying about my husband taking and driving with my son or in the woods stalking us and nothing I can do about it. My previous attorney is getting a complaint about gross negligence.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: No Court Papers, Husband Took Kid, No Medicine

    Do you understand that a temporary order is only that?

    Temporary?

    Expect Dad to fight this tooth and nail.

  4. #4

    Default Re: No Court Papers, Husband Took Kid, No Medicine

    Hi, I am sorry this happened to you. I, too, had my daughter kidnapped BUT I even had court papers - granting me sole physical custody, and my ex only recently was released of supervised visits. I couldn't do anything. No one helped me - especially the police. NO ONE ENFORCED MY COURT ORDER. My ex, according to cops, needed to file an exparte motion for emergency custody, never did for 21 days! They at first said if he didn't they would get my daughter, never did. Don't believe anyone about anything until you have a permanant order and ppo.

    BTW - from the way it sounds, your ex can't afford to fight you. And you should expect to win from what I read. I would not hand out this advice if I had not experienced a similar situation. No matter what, don't settle. Make sure your son is safe.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: No Court Papers, Husband Took Kid, No Medicine

    Quote Quoting karmic
    View Post
    Hi, I am sorry this happened to you. I, too, had my daughter kidnapped BUT I even had court papers - granting me sole physical custody, and my ex only recently was released of supervised visits. I couldn't do anything. No one helped me - especially the police. NO ONE ENFORCED MY COURT ORDER. My ex, according to cops, needed to file an exparte motion for emergency custody, never did for 21 days! They at first said if he didn't they would get my daughter, never did. Don't believe anyone about anything until you have a permanant order and ppo.

    BTW - from the way it sounds, your ex can't afford to fight you. And you should expect to win from what I read. I would not hand out this advice if I had not experienced a similar situation. No matter what, don't settle. Make sure your son is safe.

    I'm sorry, but where are you getting that kidnapping is even vaguely relevant to this situation?

    There were no court orders - there was no kidnapping.

  6. #6

    Default Re: No Court Papers, Husband Took Kid, No Medicine

    I understand that there are lawyers on here that just prefer to argue law instead of what is right and what is in the best interest of a child. Even with no court order, how is it EVER in the best interest of a child for a father that hasn't seen his child in 5 months to come into a home that he hasn't lived in for 2.5 years, snatch a child, and hold him in the front seat of a get away car without having any of the Childs many life saving medicines and then not take him to school or even call him in sick. Father might fight tooth and nail, but with both of his sisters and 4 of his nieces testifying that he is a drug addict and they have stopped him from driving under the influence with child, the father weighing only 90lbs from amphetamine addiction and looking 90 years old, well...he will have to pull out something from his hat. Oh, did I forget to mention his traumatic brain injury in which he has an iq of mentally retarded and never retook the driving test. All I was doing was looking for some advice on how to protect my child and I feel as though dogmatique is just on the defense side with no advice. I mustve been mistaken when I assumed this was a law advice forum. Trust me, it is in the best interest of my son to have two loving responsible parents, but I cannot force him into rehab, instead all of us have to watch him kill himself slowly and until you have been in this situation, you will never understand how devastating that is to feel so helpless. I hate the drugs, not my husband, but I have to protect this child first and foremost.

    Thanks karmic. I will stay on top of this through the final orders.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: No Court Papers, Husband Took Kid, No Medicine

    Lady, I've actually lost both a husband and a child, so please, don't you sit there and tell me what I do and don't understand.

    I feel for your child, and I'm sorry you don't understand the legalities.

    This is NOT an emotional support forum - and if you think it's rough here, you're going to have a shock coming to you in court.

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