Legal question Family law possibly

**zaggahamma** · 04-01-2011, 08:03 PM

I'm in a custody battle with my estranged wife...i filed an domestic injunction on behalf of me and my daughter as she was being abused by her sisters at her moms and neglected by the mom. the injunction was granted temporarily where i was awarded 100% custody and had the child removed from the mom. the mom tried to do it back at me the next day and it was thrown out/not granted....when we saw the judge he stopped the injunction saying that this is for divorce court to settle....we live in different counties if it matters she tried filing hers in the county she presides...the mom also tried coming to get the child after the injunction wasnt continued with the police and i sent them packing (we both are parents and no divorce)
i paid a lawyer just 2 days ago a partial payment and i dont think it attained her as i tried calling her on her cell phone tonight with no luck...

MY PROBLEM is the police came back tonight when i wasnt home and barged into the house on my mom she didnt invite them...they asked for me and the child and said they had a court order to remove the child but wouldnt show her any paperwork...they looked in every room of the house...they called and left a message on my cell phone saying they need to discuss the "previous injunction/issue" not that they have a warrant or a court order to remove the child and asking to return their call...
the mom was outside the house as well....they have been gone for several hours....they told my mom that the paperwork was not for her...

any advice?
i know i'll be sending in the payment to the lawyer asap but its the weekend..anyone knowing the law with any advice...thanks in advance

jpk

**zaggahamma** · 04-01-2011, 08:16 PM

doesn anybody HAVE to open/answer the door when police come if they dont say the have a warrant, etc.?

**SlimmerMe** · 04-01-2011, 08:49 PM

OH MY! I HOPE THIS GETS SETTLED FOR YOU!

Bump~

**Times Roman** · 04-02-2011, 02:18 AM

Originally Posted by jpkman

doesn anybody HAVE to open/answer the door when police come if they dont say the have a warrant, etc.?

You never HAVE to answer the door. If they have a legal right to enter, they will, regardless if you answer the door or not. But if they do have a warrant, and you don't want your door kicked in, you should probably open it voluntarily.

**zaggahamma** · 04-02-2011, 09:17 AM

Originally Posted by Times Roman

You never HAVE to answer the door. If they have a legal right to enter, they will, regardless if you answer the door or not. But if they do have a warrant, and you don't want your door kicked in, you should probably open it voluntarily.

thanks...they had a court order it turns out as the returned this morning...somehow the court granted her an injunction a week after i served her with one to remove our child....not sure if it was because of the wildness of the accusations in her affadavit or the fact that the judge/court didnt see the previous injunction...seems as if the passive injunction wouldnt fly from the same court that just heard the same two petitioner and respondent

***Admin*** · 04-02-2011, 09:54 AM

I can state one thing for sure be sure you document everything that happens... and by that I mean start writing down times and dates of everything (you will forget the details) a court will allow you to admit it as evidence and will allow you to read back from your notes... makes things easier when you are not a rambling fool as to this and that and when and where... If you can document any wrong doings from your ex any child abuse that you can document any time she calls you or contacts you at all with brief notes on what was said. pictures of any abuse or things that you deem unfit. pictures worth alot in these situations. thing take time and when a child is involved and abuse is suspected you need all the documents in order that you can to help yourself and the child time can be of the essence. also watch for signs that the mom may try to leave with the child. would not be the first time it happened. also be sure you try to follow the letter of the law completely or you will be the one in the end that gets smacked if she has her things in order and you do not. Get that journal stated NOW any and all details you can remember... dates and times. this is all that saved my best friends ass when he went to court. he was able to tell without a doubt every incident with a clear mind without sounding like he was making up shit to get back at the $%#$^&*(. He won full custody with her only getting supervised visitation through a mediator of his choice.

just a thought

**zaggahamma** · 04-02-2011, 10:43 AM

Originally Posted by *Admin*

I can state one thing for sure be sure you document everything that happens... and by that I mean start writing down times and dates of everything (you will forget the details) a court will allow you to admit it as evidence and will allow you to read back from your notes... makes things easier when you are not a rambling fool as to this and that and when and where... If you can document any wrong doings from your ex any child abuse that you can document any time she calls you or contacts you at all with brief notes on what was said. pictures of any abuse or things that you deem unfit. pictures worth alot in these situations. thing take time and when a child is involved and abuse is suspected you need all the documents in order that you can to help yourself and the child time can be of the essence. also watch for signs that the mom may try to leave with the child. would not be the first time it happened. also be sure you try to follow the letter of the law completely or you will be the one in the end that gets smacked if she has her things in order and you do not. Get that journal stated NOW any and all details you can remember... dates and times. this is all that saved my best friends ass when he went to court. he was able to tell without a doubt every incident with a clear mind without sounding like he was making up shit to get back at the $%#$^&*(. He won full custody with her only getting supervised visitation through a mediator of his choice.

just a thought

preciate that...yes...when i filed the injunction i had a court advocacy group give me the same advice and advised the importance of dates...which i am not good at but the most important facts i have on her are documented publicly and hope the judge sees this and sees that her allegations were as an act of revenge filing

thanks a lot

**songdog** · 04-02-2011, 08:35 PM

Good luck bro.Hope you got a good lawyer.That means a lot.

**The Toad** · 04-02-2011, 09:22 PM

I have been through the wringer on this over the past 15 years..... it sucks. It is really hard to give you advice because every state has their own laws. The advice given so far is solid, especially keeping good records (this is a must). I can give you advice on lawyers though. You need one that is going to give you personal service, the best lawyer on the planet will do you no good if you can't talk to them. I don't care if you just gave her a partial payment she should return your call.... it's an emergency. I have gotten everything I wanted (custody, etc.) and the reason was a lawyer that cared and took it personally and was there when I needed him. Best of luck, this is going to be a long drawn out process, just keep your head and never lose your temper.

**lovbyts** · 04-02-2011, 11:10 PM

Agreed with all the above. Records are a must and I mean EVERYTHING. I kept a log of ever diaper change for 1 year, of every meal, of everywhere we went and who we were with. In the end it all helps.

Expect to be accused of anything and everything if you know what I mean. Dont think for one moment that she wont do this or that and learn to watch your back. When it comes to divorce and women there are no boundaries.

**Tigershark** · 04-03-2011, 01:35 AM

Best of luck bro. Like Admin said, document everything you can for the courts.

**zaggahamma** · 04-03-2011, 04:08 AM

thanks fellas
2 court dates in the middle of this month already....one the injunction and the other a motion for temporary relief for the divorce(custody)(which several lawers including the one i paid couldnt believe there was a date set so soon) so I will know soon...
the ONLY thing good from this is this neglectful mom has put herself under the microscope as well and will have to start taking care of our child like she should have been before she said she couldnt before ...
i'll keep this thread posted

much thanks again and still listening to any advice