CanI draft and submit temporary custody papers without a lawyer while I am trying to find representation?
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CanI draft and submit temporary custody papers without a lawyer while I am trying to find representation?
Married almost 7 years. She cheated 2 years ago and stated yesterday morning that she wasn’t happy and wanted to leave. I left instead with our 2 sons to an undisclosed location as she is amoral and unstable. I fear what she would do if she gets them.
Asked on November 15, 2010 under Family Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok, not the best thing to do. Unless you are in fear for your sons (the "unstable" remark is what prompted that) then leaving to an "undisclosed" location could be kidnapping. You should not draft anything yourself. What you need to do is to go to Family Court and start a proceeding for temporary custody of the children pending an action for divorce. You can ask the court to assign you custody based upon a valid reason why you think they should not be in the custody of your wife (opinion here does not count). Now, if you work you have better have a plan for taking care of the boys. And a place to live and ways to get them to and from school if they are in school. Good luck.
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