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Custody HELP!!!!

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  • Custody HELP!!!!

    My friend has asked me to help fill out papers to file for custody of his children. The problem I'm having is that the children are with his soon-to-be ex-wife and they are in another state. How does the process for that work? He can't afford an attorney to help him either. So what does he need to do?

  • #2
    Re: Custody HELP!!!!

    has any court case been started or filed yet?

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    • #3
      Re: Custody HELP!!!!

      Okay first of all i want you to know that advice that i'm giving you is from experience..But first if there is already a court case filed in a state and county you would need to file for papers in that county and court for Custody of the child. Now if there is no Case open then yes you can go to your local court house and file for custody in the state and county that you reside and file for custody. Now this is the thing when you file for custody of the child you make sure you send a certified letter to her/him and make sure you keep the receipt showing that you sent it..30 days prior to the hearing so lets say you file in November on the 24th 2006 you need to make sure that you send a copy of that paper to her that day cause that states that you filed for custody in that state and county and that there will be a hearing or temporary custody hearing on that date and time in that state and county..If she doesn't show and you have the reciept stating that you sent it certified letter then most likely you will win custody till she can be reached by the courts to inform her that there will be a hearing date for custody..But make sure that she/him did not file in another county and state first cause if there is already a case open and you file in another court and they find out you can get into trouble so please make sure that she/him did not start a case in another county at any time of there relationship or after cause that will cause some problems.. I hope I helped enough to help you.. But Like I said I'm not a judge or attorney or lawyer or anything just a parent that has went thru all of it before and still going thru it for that past 8 years so have some experience in that area of law..Good Luck..

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