How do I go about gaining at least joint custody of my child?

Business Questions 3 views 2 answers
A year ago my daughter and I left my ex-fiancé. I didn’t have a car so I rented car and drove my daughter and I from Leland, North Carolina to my mothers in Virginia. I started hanging out with a guy friend of mine that I had been friends with for 10yrs and he wanted a relationship with me. I was reluctant because I had just left a 5yr relationship and I had a child to raise. My friend had previously raised 2 children from long term relationships that were not biologically his which I consider rare anymore and so we started dating. Her father FaceTimed every night to talk to her and I allowed it because I think it’s very important for a child to have a relationship with their parents regardless of whether the parents get along or not. After a couple weeks he called me and asked if he could keep her for a week that he had taken a week off of work. I said no problem and he came and picked her up. A week went by and he told me he wasn’t giving her back. I had stayed with my friend for the past week and was considering moving in with him and my ex disagreed. He took me to court behind my back and I wasn’t able to go to the court date due to it being 8hrs away so I lost ALL of my rights

Attorney Answers

2
Thomas Callahan ·
No one can predict an outcome here. Your immediate problem is the court order. I presume it was entered in the county where Leland, NC is. You need to hire an attorney in that county and get involved in that case, seeking to vacate or amend that order. Use the Find a Lawyer feature of this site or do a Google search to find an attorney in that area.
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Todd Reed ·
Unless you have an order from the Court that specifically states that you are your daughter's residential custodial parent then it may be a bit harder for you to get your child back into your care quickly. This is one of those situations where you absolutely should hire counsel. You'll need to establish a parenting plan and to seek (and hopefully secure) residential custodial status, which means more for certain tax forms but will ensure that your daughter will reside with you. Whether you hire a lawyer or not, get a hearing date as quickly as you can to have the court address custody. As a tip, go to the WV Supreme Court web site and look under the "forms" section in the Family Law. There you should find a form that will help you with your filing if you cannot find a lawyer to help you otherwise. Best Wishes.
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