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timeframe for asking for dismal in custody suit??

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teeghan posted 12/16/2013 21:32 PM

Ex bf is in jail after violating tpo and will be there awhile. After I got a tpo and custody of kids he filed for legitimatization amd custody which I just answered.

Is there a time frame befire I can ask judge to dismiss? He is in jail.on agg stalking felony and bond revokw on battery charge. He is a piece of work. Ugh.

I do not have attorney. Yet. Been in battered womem shelter and started new job today so can get one next month. Sigh.....pos needs to rot in jail.

caregiver9000 posted 12/16/2013 22:03 PM

I don't know the answer to your question, but I wanted to say I have watched for you on the boards and I am glad you are ok!!

teeghan posted 12/16/2013 22:20 PM

Thank you. Much better. He is in jail.and I got a great job and the shelter is putting us up in apartment for a year for only $250 a month. I am finally feeling relief and ok.

Chrysalis123 posted 12/17/2013 00:23 AM

Hi Teegan! I have also been following your posts. I am glad you are doing and feeling better.

I can't answer your question, but many attorneys offer free consultations. Can you begin your interviewing of lawyers now and perhaps get your question answered?

I imagine the people from the shelter may have good ideas on lawyers that are effective for situations like yours.

teeghan posted 12/17/2013 05:05 AM

Thanks I did email my shelter advocate ask about attorneys. :)

painfulpast posted 12/17/2013 05:10 AM

Hi teeghan,

Like others I'm really happy to see you doing so well! Congrats, you've come a long way in a short time. It's amazing how getting away from the nightmare can clear things up, huh?

Regarding dismissing the request, I'd ask now. What's the worst that happens? You're told you need to wait? Ok. But you might be able to get rid of this thing now, so he can't work on it from in jail.

I hope you're able to shake this POS out of your life for good.

crisp posted 12/17/2013 06:42 AM

While it is probably only semantics, I doubt you want the action dismissed. What you probably want is a judgment in your favor. "Strike while the iron is hot." Now is the time to get his legal rights terminated--while his leverage is at its lowest.

In most jurisdictions there are attorneys available to battered women for free or low cost to handle such matters. Your shelter and or case worker should be able to help. Most likely, you will want the court to establish his paternity and then have his rights eliminated or severely limited. A dismissal would probably just give him an opportunity to come back later when he is in a better position.

teeghan posted 12/17/2013 19:28 PM

Great point crisp...that was what I actually meant I guess. Not really dismissed but have it all given to me and taken from him 100% for good due to his actions....

I left three vm for different attorney not a one called back yet.... but5 it is vacation season too for them.

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