Child Custody - Sioux Center,IA

Updated on February 17, 2013
T.A. asks from Sioux Center, IA
6 answers

How do I get out of a custody battle that I signed a paper and didn't have a lawyer present. I am single and I consider my self homeless living with a married woman from my place of work. I make 9.08 hr at 10hrs six days a week and attending school Monday,Tuesday, and Thursdays nights from 6-10. I can not leave this area to go with my mother to get back up on my feet cause she lives in St. Louis and my papers don't allow me to leave but she is willing to help if I can get there. I do not receive child support and my sons father claimed him on income tax and I was told he was not in titled to the earnings. He bout a new car which he already has a good car verse my beat up car that's going to break down any minute. He makes 10.50hr and lives at home with his grandma and mother. Has another child with another plus a girlfriend and is sexually involved with both. The baby momma watches my son and is on the list to pick him up which I don't care for at all. I have no family here to help like he does and his also is finished with school. I've been stuck her struggle for 4 years .

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C.O.

answers from Washington DC on

T.:

Welcome to mamapedia!!

You need to hire a lawyer. It's that simple. There is no way to get out of this but by going back to court.

You need to get custody (which should include who is allowed to pick him up from day care and that should be SPELLED OUT ONLY BIOLOGICAL parents), child support, taxes and such nailed down.

It's none of your business WHO he is sexually involved with. It doesn't matter if he's bonking a new W. every night - no longer your business. If he has 10 baby mama's NOT YOUR BUSINESS.

It's none of your business if he bought 10 cars. If he is following the court order of child support - then he's not breaking the law. IF he is not following the child support and custody - then he is breaking the law and it IS your business. Take him back to court. Go to the court and ask for a list of the lawyers that do pro bono work and start calling them. No sob stories, stick to the facts.

1. I need to get child custody redone.
2. I need to ensure that my child's biological father cannot claim him on his taxes.
3. I need to ensure that only my son's biological father and myself are allowed to pick up from daycare. Or settle on an approved list of people....not sure what the courts will do for you in Iowa.

You made a bad decision. Now you are living with the consequences of your poor decision. Now you need to rise above. Stop being the victim and get yourself and your child taken care of.

There are plenty of state and federal programs out there to help you get your education, housing, food, etc. Stop worrying about what he has and start focusing on what YOU and your child need.

Hopefully, you are on birth control and will not get pregnant again without knowing the man and his background first. It will help, or at least go a long way, in preventing this situation from happening again.

GOOD LUCK!

10 moms found this helpful

J.S.

answers from Hartford on

Go to the Department of Social Services. You need to fill out paperwork for Section 8 Housing. You also need to find yourself a better paying job. $9.08 won't pay for housing, bills, and food. With Section 8 you can find low income housing and hopefully also get a roommate that you trust. Get some stability or else you won't be able to get anywhere in court, even with a great lawyer.

Your baby's father's love life is a moot point. It also doesn't matter how many other children he has. It doesn't matter if he has a new car and you don't. A judge in court won't care about any of that. What does matter is that he makes more than you do and has a more stable living situation. What will matter is which of you looks better on paper and makes a better impression in court.

So my advice is to get your affairs in order.

7 moms found this helpful

J.W.

answers from St. Louis on

You do like the rest of us do if we have to move out of town, you petition the court. What you have signed in the past is irrelevant.

6 moms found this helpful
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D..

answers from Miami on

I'm sorry to say, but you need a lawyer. Try legal aid.

Dawn

4 moms found this helpful
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J.C.

answers from Anchorage on

get a lawyer. If you can show extreme hardship by staying and not being allowed to move in with your mother your lawyer may be able to get the old agreement thrown out.

3 moms found this helpful

T.F.

answers from Dallas on

How old are you? Why did you sign away custody if you didn't want to? How old is this child? Ar eyou sure uprooting this child is in the est interest of the child OR are you thinking about your needs?

You get a lawyer to help you navigate through the court system. If you can't afford a lawyer, there is something called legal aid so look into it.

As for your currrent situation, it will be hard for you to get custody since you are homeless. The only way a judge may grant visitation for you is to have your mom come to court on your behalf with proof that she can financially support you and is willing to privide a stable home for this child.

Do you not get child support due to the papers you signed?

Who cares what your ex is buying, etc... if he is taking care of the child with a good shelter, transportation to/from school and being a dad then he is fulfiling his end of the bargin.

It sounds like you got yourself in a sticky situation and you need to figure out how to be a responsible mom. It is good that you are continuing your education... that will help you in the long run with a better paying job and stability.

Good luck.

2 moms found this helpful
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