Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?
My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not safe for my child to be around her . My ex has threatened me from prison and she is fully aware of his dangerous behavior .
A: You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to show it would be in your child's best interests for her to get custody.
A: It is extremely unlikely that she would get custody (or that she is really asking for it). The most likely request is for visitation. in regard to visitation, she would have to show that she attempted to have a relationship and it was denied and that it is in the child's best interest to have visitation. Speak with a local attorney about the matter. If you can't afford an attorney, at the first court appearance request that the court appoint an attorney for you. DO NOT IGNORE THE SUMMONS, appear in court on the scheduled date.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.