lawyers are confused!

RickeyandDani

No one seems to know if we should get a lawyer here or in the state where SS is usually living. (in case you didn't see my other post, SS is visiting with us for a month and states he does not want to go back home due to mother's neglect - drugs, abuse etc.) We need to get protective custody. One lawyer said to get one in his state another said to get one in ours. What's your experience? Do we get the lawyer here or the state in which SS typically resides? Do you guys have any good resources for legal consult? We are completely lost at this and I am too busy working to help much. H is not very good with the internet or resourceful.

TIA

sprky79

The state where the kid normally lives. 

zanalder05

Most states the laws are where the child resides for at least 6 weeks, so if you can keep your SS for at least 6 weeks you can file in your state unless there is already a case opened in another state. I have been dealing with this sort of thing with my SS for almost 2 years and it is very stressful, but well worth it when you give your children what is best for them!! Good Luck

ScissorTailedFlycatcher

Ditto Tif. 

And good luck! 

hindsight's_a_biotch

The state where the existing custody order was issued.

And don't use any of the lawyers you've asked. If they don't know the answer to this question, I don't have any confidence in their education or skills.

It's family law 101. All custody modifications have to go back to the court who issued the order until the original court has given up jurisdiction, both parties agree to move it or other extenuating circumstances.

RickeyandDani

Unfortunately the only proceedings done was an uncontested divorce. DH's power of attorney during one of his deployments worked with an attorney to get him an uncontested divorce. No order was established for custody. It's just assumed that BM has primary physical custody and DH get's SS 2 weeks out of the year. The divorce was done in the state that SS primarly resides in with BM. So I"m guessing we have to get a lawyer there.

H is going out of town with SS and DS for the next few weeks. I'm going to try to do some detective work while they are gone.