My Second Custody Court Case

                                                                                                  June 19, 2014


After CPS/DHS gave me my son, I was thrust into a situation of re-negotiating the first custody contract. At first, I went down to file the paper work on my own. I obtained the same packet as the first time and filled it out. I went back and filed it within a month or two. The filing was about 4 or 5 months from when I received my son from CPS/DHS and I was going it without a lawyer.

Then I ended up moving out of county and I needed representation to cover me while I was not able to make it to court. I found a lawyer after lots of discussion with different lawyers. I tried to get one on lowered scales, but they were not interested in really handling the case, it appeared I would get what I paid for when it comes to service. Obtaining a good contract to protect my son was worth it, but it is a hefty price tag for someone with low income. A lawyer would not have been needed if both parties are considered equal in providing safe housing that is focused on providing proper care for the child.

In the end, the contract had holes, even though it was fairly restrictive. Also, enforcement as the other parent walks the line is tough because filing for contempt can work in the other parents favor because it can re-open the case for mediation. Mediation is called for even with a lawyer and the lawyer cannot be present. The only good part about having a lawyer is you have someone that can give you tips and can argue in court if the other side is being unreasonable.

After the dust is settled, I am glad I paid to get a lawyer and wish I could keep one at my side to relieve me of the stress of every future custody battle. Still, even with a lawyer, reviewing the mediated contract is important. My lawyer failed to notify me to change the wording and had I not become relaxed while paying for a lawyer, I might have noticed the problem with the wording and I could have had the problem fixed. There is no one who is going to care like yourself, not even a paid lawyer.


I thought it might be good to mention about a few things about  legal aid and document preparation. Legal aide can only help one side due to conflict of interest, so hopefully you make it there before the other party if you are trying to get free legal advice. Document preparation can only help tell you what needs to filled out after you have attempted to fill out the documents. Document preparation has wait times on occasion and it can be upwards of a month before you can get an appointment, so plan in advance.