Monday, January 30, 2012

How long does it take to get custody in this situation?

How long does it take to get custody in this situation and what are the chances of succeeding for full custody?



Here's the situation. I will be speaking in third person, tell me what you think

Also, I know there will be some name calling towards me. I understand but I am working with what I have and making changes for the better.



Anne and Lawrence were dating for 5 years, she was 15 he was 17 when it first started. They got married when she was 19 and he was 21 in the year of 2007. They had a baby boy named Andrew, in November 2007. There was no source for money so Lawrence joined the Army, after basic he was shipped to South Korea. Anne was not prepared to be a single mother, but had in-laws willing to help. Anne decided to cut off contact with Lawrence and become a party girl(posting pictures of her frenching her sister on FB, rapidly losing weight within a month(cocaine)). Jon did not respond to this and medicated himself by drinking. Buddies in the military contacted main Sgt in control to talk to Lawrence and discuss the penalties of the behavior. Lawrence stopped drinking but also cut off contact from home(did not bother to call son Andrew). He called Andrew on Christmas, New Year, Thanksgiving, and Andrews birthday. He did not do EVERYTHING to keep in contact often. Andrew is currently living with his maternal grandmother, Dawna who is not in good health(she had a heart attack a month ago and Anne already dropped Andrew back off to live there). Anne is living with her newest boyfriend and his parents. His mother is an alcoholic, and her boyfriend is on methamphetamine. She could live with her mother Dawna, and take care of Andrew but she chooses not too. Today, Lawrence just arrived back in the US, two states away is his military base, but he is visiting family for the weekend. Andrew lives two states away from the military base, but Lawrence would like custody. Lawrence saw his son for the first time today in a year and 3 months and realized how much he meant to him and how Andrew loves to be around him more than ANYONE that came through the house today. They have been joined at the hip since they saw each other. Lawrence has a girlfriend in Korea, she is pregnant with his child which is due in April 2011. Lawrence wants full custody of Andrew as soon as possible and to get on with providing Andrew with a normal life.



Please, any suggestions? I do not know where to start. Please tell me where to start. The internet is so overloaded with information that it's hard to research anything! Any good lawyers you know of?

I know I have not been a good father, and I am going to change that.How long does it take to get custody in this situation?
Since Lawrence and Anne were married when Andrew was born it's safe to assume that Lawrence is on the birth certificate right? If he is and no other custody orders are in place then he can take Andrew where ever he wants. Lawrence should document everything that's gone on while he's been in Korea including the fact that his wife effectively abandoned the child - get written statements from all parties involved, but especially from Dawna since the child was left with her so the mother could party. Lawrence should call the post where he is being stationed ASAP and see if there is childcare available at the Child Development Center on Post. If there is space available then Lawrence should take his child with him to the new post when he goes to report, as long as there are no prior court ordered custody arrangements - if there is no space then the child should be left in Dawna's care so that Lawrence will be able to report and perform his duties. If Dawna is opposed to Lawrence taking the child when he has a spot in the CDC then he should obtain a copy of the child's birth certificate and take leave to travel to Dawna's home. Once there he needs to contact the local police and ask them to assist as he needs help removing his child from a person who does not have legal custody. If for some reason there is already a custody order in place then Lawrence needs to consult the post legal office at his new post and file for custody of the child in the local area of his new post. Since Lawrence and Anne are apperantly still married I would advise Lawrence to file for divorce as soon as possible too so that he can go after Anne for child support.

BTW, coming from a military member: You did what you had to do to support your child and your selfish wife is mainly to blame here. You did not contact Andrew that often, but you were also in Korea - totally helpless to change the situation that your son was in. The fact that now that you are able to you'd like to have custody of your son is huge and I wish you the best of luck. I hope that you have no opposition from the mother and her family.

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