Temporary Custody

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lissamom

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My husband and I separated over a year ago. I filed for divorce a little over a month ago and asked for primary custody of our 3-year-old son with reasonable visitation given to his father. Over a week ago, our son went to visit his dad, who told me he would meet me in the morning to drop our son off. He called later that same evening and said his lawyer told him not to give our son back to me. The next day, his lawyer dropped off papers to my lawyer saying that my ex wants primary custody. We are going to trial in July and I haven't seen my son since his father took him. Him and his lawyer are saying that I'm mentally unstable because I suffer from situational anxiety/depression and also that I kept our son from his father for 5 weeks. I have struggled with anxiety/depression in the past, but not recently. I did not refuse to let him see our son. He is making things up about me and I've got affidavits from family, friends, and coworkers to back me up. I'm still nervous about the temporary custody though because from what I've read it says I only have a few minutes to state my case and also that the judge will decide based on where the child has been living currently. Because his father took our son away from me and won't let me see him, will the judge just give him temporary custody because he TOOK him from me and won't give him back? I'm so scared. I was the primary caretaker before he took our son away but now it's going to look like he has been the primary caretaker. I'm terrified of losing my son. Does anyone have any advice? I have an attorney, thankfully, so I'm hoping she'll do an awesome job so I don't lose temporary custody. I want to just go get my son but I'm also afraid that will make me look like the bad guy in court.
 
Please, you need to follow the advice and cousel of your attorney.

That's why you hired her.

As long as you have faith in her, follow her lead.

You don't need any of us messing this up, so very close to trial.

I will add two things, whatever you do tell the truth and be brief.

The truth is easy to recognize.

It requires little explanation.

Good luck next month, in the interim have patience and faith.

Nothing you can do now will fix this any faster.
 
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