Fathers’ Rights: Innocent dad in jeopardy of arrest wins in court, keeping him out of jail and with his kids

A desperate father, who is raising and supporting two children by himself, discovered recently that he was the subject of a “body attachment.”

That’s a court order that means he could be picked up and put in jail at any time – even though he had done nothing wrong. It appears that the police actually attempted to arrest him, but he wasn’t home.

Attorney Jeffery M. Leving, founder and president of the Law Offices of Jeffery M. Leving Ltd. in Chicago, will talk about this case on his weekly radio show, the Dads’ Rights Legal Hour, 9-10 a.m. CDT Saturday, July 29 on Power 92.3 FM in Chicago.

Dad has two daughters, ages 10 and 8, whom he has been raising by himself since they were both very young. In fact, the children’s mother hadn’t even seen the kids for several years.

Fathers Rights Attorney Jeffery M. Leving

But one day, out of the blue, she filed a petition demanding custody. The court set a date for a hearing, but Dad was not notified – so when he didn’t appear in court for a date he didn’t even know about, the court issued a body attachment.

“Once dad eventually learned of this, he contacted us,” Leving says. “This was an emergency. We had to get dad out from under this body attachment, which the police or the sheriff could enforce at any time, even at his home or his place of employment.”

The Leving legal team immediately went to court. They told the judge and presented evidence that their client wasn’t notified of the court date, and that he’s supporting his family and could lose his job if he’s arrested. The judge ordered that all warrants in the case are quashed.

“We won,” Leving says.

“This is a great victory, modified for broadcast, that keeps Dad out of jail, and he doesn’t lose his children – he and they are safe at home together. The scary thing is that for several weeks, before Dad contacted us, if he had been home when the police showed up, he very well could have been hauled off to jail, even though he had done nothing wrong. I’m glad we protected him and his children, but the situation never should have occurred in the first place. We came to the aid of a father in a really bad spot. I’m glad he knew he could rely on us, and I’m glad that we came through for him.”

Jeffery M. Leving is founder and president of the Law Offices of Jeffery M. Leving Ltd., and is a strong advocate. He is the recipient of President Biden’s 2023 Presidential Lifetime Achievement Award. Leving is the author of Fathers’ Rights, Divorce Wars and How to be a Good Divorced Dad, the latter of which was endorsed by President Obama and by Cardinal Francis E. George, the late archbishop of Chicago. To learn more about Leving and his latest court victories, follow him on Twitter and Facebook.