Need of help

This is a discussion on Need of help within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; My ex husband was supposed to drop off my son for our Christmas together on the 26th of December. Well, I took my daughter (18) and her boyfriend along with ...

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  1. #1
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    Unhappy Need of help

    My ex husband was supposed to drop off my son for our Christmas together on the 26th of December. Well, I took my daughter (18) and her boyfriend along with me because I didn't want to go alone because of previous matters. He arrived and pulled up behind me, I got out of my vehicle with the present for my middle son and a can of goodies I had made. My ex rolled down his truck window and proceeded to tell me "If you ever show up here again in his truck you will not get Colby." I told him "You have no right to tell me who I can or can't ride with." He said, "Watch me." And took off. I yelled to him to bring back my son. I got in my truck and told them to drive off after him, and immediately called 911. They told me there was nothing they could do about it, and forwarded me to the local Sherriff Dept. where they said they could not do anything as well. I told them "Thank you I will handle it myself!" Well, we proceeded to follow him until we got to a straight away an passed him, cutting him off and I got out of the truck. I stood in front of his truck and told him I wouldn't move until I got my son. He backed up, so my daughters boyfriend also backed up trying to stop him from taking off. He jumped bac forward and kept going. I side stepped and he hit me with his truck. We again called 911, and they informed us that my ex husband already called the cops. We met with an officer at one area and my ex met him at another. The officer let my ex take off with my son, and then proceeded to talk to us abut what happened. Well, apparently my ex filed charges against my daughters boyfriend for "Aggravated assault." I told the officer I wanted to file charges against him for hitting me with is truck. I called the Sherriff's dept. the next day to find out they never filed my charges but they did file his, and that DCF was getting involved. Well, my ex husband's mother works for DCF, and that is a conflict of interest. Is this allowed or should this issue be dissolved? My ex's lawyer made the decision himself that I will not get my son until this case is resolved, which means February... can they do that? I can't see my son for months? I want my son for Christmas. This isn't right.

  2. #2
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    You can file an emergency child custody hearing. If there was a custody agreement in place that stated you were supposed to have custody of your child on December 26th, then he violated the child custody order. As far as the criminal charges and DCF goes, you will likely need to consult with a criminal law attorney. You can contact the district attorney and find out why he decided not to file charges against your ex.