? about temp custody

jewels7free

So a friend of mine is going through a mess with her sons BD.  It's a big ugly mess.  Six weeks ago he broke into her house took her DS shoved her out of the way and left with him.  She couldn't track him down until two weeks ago when she saw BD drop him off at a random DC, so after he left she went in (and even though she wasn't on the pickup list, had proof she was the mother with no PO)  and retrieved her son and has had him ever since. 

Last week she was served with papers and they have court tomorrow, BD asking for temporary full custody until a parenting plan can be in place. 

BD has an attorney.  She does NOT.  Will they go through with the order tomorrow even though she has no one standing up for her??  Or will they give her time to pull some money together for a retainer and find a lawyer?  Or can a public defender stand in on something like this?

TIA for any feedback!

PrettyInPearls23

He won't automatically "win" because he has an attorney. Your friend needs to look into local legal aid services if she can't afford an attorney.

Is there a valid reason the father wants full physical custody? The fact he broke into her home and took their son without telling her where he was won't bode well in court. But, your friend doesn't have a lot of time. If court is tomorrow she needs to prepare to stand her ground, have everything documented in notes to keep her story straight, etc.

DaringMiss

Did she file a police report when her ex took the child?

What kind of day care center permitted her to take the child?  What kind of proof did she have that she was the child's mother?   

jewels7free

That's what I told her.. Be prepared and don't let the courts think otherwise.  The Ex is controlling and always has been, she was supposed to start receiving CS Aug 1st.  So he panicked and this is the end result.  He has no grounds on full custody, I just didn't know how it would work with a Temporary Custody hearing until the final came to terms. 

She did file a police report when he took the child, but since there wasn't a CO on custody the police dept told her it was a civil case and they couldn't get involved.

The daycare is actually a large corporate business, ABC's & 123's.  She provided his birth certificate, social security card, her ID.  And the parenting plan she was served with the day after he took the child providing the BD, DS and her name. 

The gal running the daycare called the director and because nothing stated she COULDN'T take the child and there was no protection or no-contact order, she was granted her son. 

ETA:  He did get slapped with a tresspassing charge for entering her house and taking their son though.

bella&baby

Based on the fact that they are married and have no CO in place, it was just as legal for him to have the child as for her to...it wasn't like he took the kid during her parenting time and took off.

From what I've heard, temporary custody orders work like this: if there is no court order in place, the person who files for temporary full custody automaically is granted full custody until a court hearing takes place to establish a custody arrangement.

Of course, I may be wrong. But based on the fact that he has a lawyer, he was probably advised to file the temp order first so that it would be granted until the hearing.

My step-sister's BD filed a temp custody order and despite recent and frequent criminal charges against him, was granted full custody until the court hearing.