What to do if I have full and legal custody of my son and his father has limited supervised visitation but I attempted suicide and now he’s taken him and won’t let me see him?

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What to do if I have full and legal custody of my son and his father has limited supervised visitation but I attempted suicide and now he’s taken him and won’t let me see him?

The father has filed for temporary custody of my son and a restraining order against me. I don’t have money for a lawyer. What can I do to get my son back?

Asked on October 19, 2012 under Family Law, Oklahoma

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, make sure that you appear at any hearings.  If you fail to appear, then a default judgment could potentially be entered against you.

Second, make sure that you get yourself in a good place before the hearing.  Be able to demonstrate to the judge that you have take the necessary steps to prevent harm to yourself, or your child for that matter.  This can be in the form of counseling and associated records.

Third, dig through your records and show the judge why the father had limited, supervised visitations to begin with.  Sometimes judge's need a reminder of why they put certain restrictions in place.

Fourth, while doing all of this, start looking for an attorney.  It looks like you are going to have a fight on your hands and you don't need to do this alone.  Some family law attorneys now allow payment plans and accept credit cards.  If you simply cannot afford an attorney, contact the clerk of the court, area churches, and the local bar association for the contact information for organizations that provide free or inexpensive legal services. 


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