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Dad gains sole custody to protect son from reported abuse
The father of an 11-year-old boy almost lost his at-risk son, until he went to court and gained sole custody.
Attorney Jeffery M. Leving, who represented the father, fought for him and won, will talk about the case on his weekly radio show, the Dads Rights Legal Hour, 9-10 a.m. CDT Saturday, May 7 on Power 92.3 FM in Chicago.
Dad, who was never married to the boy’s mother, has raised his son since birth, and the boy has been living exclusively with Dad for most of his life. The mother hadn’t seen the child for several years, according to court documents, because of an order of protection based on allegations that the mother abused the child.
Dad was fearful that the mother might show up and try to take the child – a fear which turned out to be justified when the mother appeared out of the blue, with the police, at the home of Dad and his son, demanding that the child be given to her.
“This would be not only unfair but dangerous, as I believe the abuse that led to the order of protection in the first place would resume. We could not allow this to happen. We ran into court and fought for an emergency order to keep the child with dad,” Leving says.
The Leving legal team told the judge that for years, dad has provided – and continues to provide – a safe environment for his son. He’s an involved, loving, caring and supportive parent.
“The judge heard our arguments about alleged abuse by the mother and her boyfriend and ruled in favor of Dad, giving him everything he needs to protect his little boy, as I see it. Dad now has sole parenting responsibility, sole decision-making authority for significant decisions including education, religion, medical care and extracurricular activities, and he has all parenting time. The judge denied any parenting time to the mother, and prohibited the mother from taking the child from Dad.”
This victory, modified for broadcast, protects a child from what appears to be imminent danger, and it gives Dad peace of mind that he now holds all the legal rights of fatherhood, and they’re contained in a court order.
“In my first book, Fathers’ Rights, I make sure dads know that they have a right – and an obligation – to protect their child, and their child’s future, from harm,” Leving says. “This dad knew it, took action, called me, and we got the result in court that protects his little boy.”
Jeffery M. Leving is founder and president of the Law Offices of Jeffery M. Leving Ltd., and is an advocate for the rights of fathers. In addition to Fathers’ Rights – published in English, Spanish and Chinese – Leving is the author of Divorce Wars and How to be a Good Divorced Dad. To learn more about Jeffery M. Leving and his latest court victories, follow him on Twitter and Facebook, and view his videos on You Tube.
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Hanania was named "Best Ethnic American Columnist" by the New America Media in November 2007, and is the 2009 recipient of the SPJ National Sigma Delta Chi Award for column writing.
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