My brother has fought hard for his 2 year old son and recently his ex wife came in and just took him. Now my brother had a restaining order for him and his son against this lady and the police did nothing about it. So now my nephew is in Arizona with a dug addicted mother that only wants him because my brother is fighting to keep him. We need help finding a good lawyer that would be willing to take the case on ProBono as he does not have the means. I am asking all of the mothers out there to help me get my nephew back home safe!!
Does your brother have any court orders designating him with residential custody?
Also - has he lived with your brother (prior to being taken to AZ) for more than 6-months?
If so, there is a status quo order that can be utilized.
Have you called Human Services in BOTH states?
t
So, he had a restraining order out and the police did nothing? that just doesn't make sense. I'm not a legal expert by any means but if someone violates a court ordered action then they are committing a illegal act right? what exactley was the restraining order for? Was it specific to the child and her having contact with him? If your brother has legal custody of the child and a restraining order against her specific to the child then i would suggest your brother get all his information together and contact his local police or the judge who issued the restraining order as well as the police in Arizona and not give up. as for a lawyer, you can look up Lawyers in the phone book and there will be a 800 number you can call for recommended lawyers and you will be refered to a lawyer in your area who will hear cases and decide the pro bono thing. Email me if you have problem finding this, i don't have a phone book in front of me but i know this is possible because i called this number when i had a car accident and was being treated unfairly and this lawyer helped me pro bono. It's not a guarentee but at least its possible for someone in the legal feild possibly listening and steering you in the right direction. My email address is ____@____.com
Also if restraining order is in effect and the police wont do anything call there internal affairs for an investigation. All you do is call arizona police request internal affairs. Speak with them your situation they CAN help and also will make sure your police following laws. If that dont work which it should call the DA (district attourney office) explain to them and the mayor. Office of childrens sevices is also a great place for resources. They can direct you to ANY resources you may not know about. Then whomever the judge was who gave you that retraining order call the clerk of the courts request to speak with them or there secretary. Explain cops wont do anything to keep order in effect and they can pull string themselves etc..
I know how you feel some cops arent taught the laws and some are. You just sometimes need an upper authority thats been there for a while. I went through something just about liek this myself recently with my x. I know how ya feel cops wont help. But the courts and children services will. Good luck
Legal Aide provides good service.
As to the restraining order, it has to be served on the mother and then it has to be on file with the courts in order to be enforced by the police. Just having it signed doesn't do it. do you know if she signed it and he filed it?
Has your brother been given total custody by the court?
If all of that has been done I think the next step is to return to court and get warrant so that the AZ police can pick him up. The court might also issue a warrant for her arrest for kitnap if your brother had been given legal custody.
All of this is complicated in that you have to follow all the steps. A lawyer can be helpful but you can do it yourself if you've followed the steps from the beginning. I'd advise consulting with a lawyer to see what he recommends. The first appointment is always without charge.
You might be able to get the names of a few lawyers that have appeared in court from the court clerks who might give you an idea of how they work. This does mean being respectful in a way that is appealing to them. Go when they are not busy. Start with the clerks where you filed for the restraining order.
Once a child is taken out of state it is difficult to get the child back. Each jurisdiction is different. You could call the jurisdiction in which the mother lives and find out from them what you need to get your child returned.
Good luck.
Hi S. V,
I would try Legal Aid, they are probably backed up for several years. Ask them for referrals to law firms that have pro bono time. Each firm needs has to donate so many hours of pro bono service.
I found this out trying to get child support from my youngest sons father who lives out of state.
Or you can call 211 this is a resource number. they can give you numbers to any place in town that can help with housing, child care, medical, legal and so on.
Sorry I could not help you more.
A friend of mine got help from Columbia Legal Services, for her custody case. columbialegal.org is their url. She was fighting for custody of her two daughters, with two others (her mom and her ex) also suing for custody of them as well.
Hello. My name is K.. My husband is with Pre-Paid Legal Services. I'm not quite sure if you got your situatio situated, but if you didnt, please respond back. I had noticed on your responses someone had already said something about pre-paid legal. If you go check out my husbands site, you would probably be sold.
http://hstrial-weasling.homestead.com/
Thanks, and have a good day
