Is it possible to get temporary Custody to permanent without a lawyer
My son was granted temporary custody of his 2 sons in 10/2014 when his ex took him to court for common law marriage/divorce in the state of TX. (She was arrested/jailed 09/25/13-POSS CS PG 1 <1G, State Felony, Current Status: Disposed/CSCD, 18 months prob) My son and his boys have lived in IL for a year before the divorce even happened. My question is this --- he does not have money for a lawyer, can he file on his own in his state of IL for sole custody of his boys, or does he have to go to TX and file to have the case moved to IL first? Then hire a lawyer to get sole custody? Thank you!
Re: Is it possible to get temporary Custody to permanent without a lawyer
I assume Texas has jurisdiction for now. I think he can just file in Illinois to have jurisdiction moved to that state.
Is there a good reason why he's trying to assume full custody? Generally, a criminal record (that does not involve offenses against his or her children) does not affect a person's custodial rights.
Re: Is it possible to get temporary Custody to permanent without a lawyer
Yes currently jurisdiction is in TX with court date in May to revisit. Ex was charged with felony >1g CS, changed to misdemeanor and probation; lives with sex offender. Has no stable homelife for the boys. My son hired a lawyer, who charged him $5000 but did nothing to assist. He needs advice but cannot afford another one due to supporting his family. Tried to file for legal assistance, but to no avail. Is there a website that he can go to and get docs needed to file, and serve his ex? I am guessing from your statement he would just need to file a doc with IL court? Thank you for your assistance! Trying to give boys a stable life!
Re: Is it possible to get temporary Custody to permanent without a lawyer
Your husband should file a complaint with the local attorney's association regarding his lawyer's failure to assist, or even provide advice on how to assume custody.
Many lawyers will provide free consultations. He should speak with several to understand what needs to be done. He should be present at that May hearing and have documentation on how his home is the more stable, the schools are better, how he played a big role as a father pre-divorce and post-divorce.
I don't imagine there would be any severe repercussions if your husband just keeps his children home rather than send them to their mother. Chances are his ex doesn't have any money either.
I think you should try keeping a low profile in this situation rather than let his ex know of your involvement.