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 Expert
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        Location: on my horse | I don't want to give too much information over the board but I need to talk to either a lawyer or someone who has been through a similar situation. I don't air dirty laundry on the board but am seeking advice.
Member of my family is in a bind and a half, he's had a major medical procedure done recently and lost his job because of it, is in a custody battle over his daughter with his ex.
If you know the situation or the law please shoot me a PM and I'll give you ALL the details, I basically need to know what the options are for him and his daughter because it's getting pretty tense over here
Asking for prayers for my family member and his daughter because this is really hard on both of them.
I don't want to discuss a lot of this on the board but you guys are my best resource for information and advice  |
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 Take a Picture
Posts: 12841
       
| Many prayers. Laws vary somewhat from state to state on child custody. |
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 Expert
Posts: 1482
        Location: on my horse | streakysox - 2015-05-16 9:42 PM
Many prayers. Laws vary somewhat from state to state on child custody.
Thank you, I figured as much but as I currently know nothing (and I don't think he does either) any place to start is better. I've been researching our state laws but so far what I've come up with is inconclusive and extremely general involving custody and family law as a blanket. |
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  Fact Checker
Posts: 16575
        Location: Displaced Iowegian | My suggestion would be for your family member to make an appointment with a good custody attorney. Usually, the first consultation is free. Red Raider is an attorney on here. You might message her for other suggestions. |
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 To the Left
Posts: 1865
       Location: Florida | Varies from state to state. What state are they in? |
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The Advice Guru
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| I would also be looking at a human rights lawyer
If he was fired due to medical reasons this is wrongful termination, as I believe they have a duty to accommodate |
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  Fact Checker
Posts: 16575
        Location: Displaced Iowegian | cheryl makofka - 2015-05-17 1:27 PM I would also be looking at a human rights lawyer If he was fired due to medical reasons this is wrongful termination, as I believe they have a duty to accommodate
Not necessarily true in "right to work" states. They can only be held accountable for firing him if he was "hurt" on the job otherwise they can terminate for any reason. |
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    Location: East of the Pecos | He needs the advice of a competent lawyer, but the court will look at the facts. I'm assuming he is seeking full custody, so it's imperatave that he finds another job immediately so he can show that he is financially capable of supporting the child and providing a stable home situation. The best interests of the child are always the biggest concern. If the mother is not fit, then he needs a lawyer who can help him build a case.
I worked as a freelance court reporter in Texas before I retired and saw a lot of dysfunctional mothers and fathers doing the wrong thing. Laws are different in each state. The things that will help him build his case are outlined in this great article by a firm that specializes in advocacy for men only. I do know that this firm operates in many states. If he doesn't realize yet what things will impact the court's decision, he needs to read this and follow this advice. http://dadsdivorce.com/articles/ten-things-you-can-do-to-sabotage-your-custody-battle/ |
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 Expert
Posts: 1482
        Location: on my horse | Thank you guys, mama definitely isn't fit, has a history of abandoning kiddo and an incident of kidnapping as well. |
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 Veteran
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| He obviously needs a good lawyer, but the number one thing he needs to be doing right now while waiting on an appointment, is seeing his daughter as much as possible, and writing EVERTHING down.
Keep a monthly calendar and each day make detailed notes- had child from this time to that time; any extras you do with your child (go to sporting events, school events, etc) track your spending; keep all conversations. These are all items a lawyer will ask about and need. A lawyer will need these items to build a case, and a judge would look at regarding custody. |
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 Toastest with the Mostest
Posts: 5712
    Location: That part of Texas | NJJ - 2015-05-17 11:52 AM My suggestion would be for your family member to make an appointment with a good custody attorney. Usually, the first consultation is free. Red Raider is an attorney on here. You might message her for other suggestions.
This would have been my first suggestion: check your local area for an attorney practicing family law that does free consultations. Searching on the internet is about as productive as googling for a medical diagnosis. Friends usually aren't much better when it comes to getting advice because everybody's case is different, with different facts, laws and judges in play. Good luck! |
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