I have been devorced for almost 5 yrs and i went threw a ugly devorce and he did some backwards stuff and took my rights as a mother. well i have observed over these years that he has had them that he has proven that he is unstable (no job they dont go to school (home school) they dont stay in one place to long) well i am very opposit of him i have been very stable and wish to get them back but i have a issue with cost. Child costudy issues are very costly and i cant afford to get 3000.00 for a retainer fee is their anything that i can do? I pay child support and live week to week... what are my options?
2006-06-15 07:28:23 · 26 answers · asked by crlynn2002 2 in Pregnancy & Parenting ➔ Parenting
Court is my first choice but the retainer fee for a attorney is between $1500 to $3000 and i can not come up with that. He knows this.
2006-06-15 07:36:07 · update #1
There is a little known legal society here in the United States. It is called the LEgal Aid Society. Every major city has one. Most of the attorney's that man the Societies are Attorney's looking to launch a career and many take cases for $100 or less.
Look in the phone book or ask a freind for the Legal Aid Societiy nearest you.
2006-06-29 06:55:07 · answer #1 · answered by mikeae 6 · 2⤊ 0⤋
Well first you should talk to your husband about increasing visitation by one day a week. then, you can suggest shared custody with each of you getting both girls for half the time. If he resists that, you would have better luck asking for social services to get involved to resolve your custody issues as a mediator.
If you don't want social work involved, you don't need a lawyer to make a submission to family court. You can do it yourself by making a petition to the court (submitting the documents).
If you have problems filling out forms, pushing for process or just with reading highly detailed documents, you can try a paralegal (a lawyer's assistant, but they work out of their own offices) who specialises in family court. They charge about 1/4 what a lawyer does.
If you live in a big city, you can call "Family legal services" which offers legal advice at a drop in center a few days or evenings each week. They can advise you on how to move forward by yourself.
2006-06-29 09:15:31 · answer #2 · answered by baggyk 3 · 0⤊ 0⤋
I would talk to a child custody expert. If you have a case based on the merits, I would go through mediation to change the parenting agreement. But you better have a good one or your wasting your time. You basically have to show he is unfit for one reason or another. Funny enough, not having a job doesn't mean he is unfit. Unfit and custody has NOTHING to do w/ money. It has everything to do with the court's definition of fit i.e. who wakes them up in the morning, who cooks for them, who does their laundry, who takes them to school, etc. There had to be a compeling situation to keep you from your kids. In CA, mental illness can be a biggie. Any clinical condition like bi-polar disorder, depression, or NPD can compel the court to limit or eliminate custody or visitation. Even abandonment is not enough unless coupled with a disorder. Just because he is lazy doesn't mean he is unfit.
2006-06-27 18:04:50 · answer #3 · answered by ntoriano 4 · 0⤊ 0⤋
I've observed that prayer really changes things in impossible situations like that. How old are the girls? Is it possible for the judge to ask them where they want to live. I've heard of that happpening. I've also heard that paralegal fees are least expensive. If he is a really bad parent and you can find a really good lawyer take him to court and sue him for custody and all of the legal fees. There are some lawyers that you can agree to pay them when you get paid. Call around.
2006-06-15 14:35:48 · answer #4 · answered by whtsgnon 2 · 0⤊ 0⤋
If he is really unfit, you might have no other choice, but to get child protective services involved. Call and tell them what he is doing that is unfit. They will investigate, and if they find him unfit they will take the kids and bring them to you, unless you have been court ordered no contact. If you've been ordered no contact the kids will go into foster care, which may not be the best way to go. The best choice you have is to save up your money if you can and take him to court, I know it's very expensive, but if your children are being neglected in any way, you need to do it. Talk to the County Attorney, he might be able to help and usually they don't charge much, if any.
2006-06-29 12:15:55 · answer #5 · answered by frosty 3 · 0⤊ 0⤋
You can do one of two things... call child protective services (anyomously) and say that they children are not being cared for properly.. they are not in school and you feel they are being neglected through constant moving and unstablization. Make sure you tell them that you do know he is a single father and I am sure their mother would like to know what is going on with her girls.
Two, you can put a motion on the docket to get visitation, that will set things in motion in the sense you will able to go infront of a judge. If you already have visitation.. .put in a motion filing for joint custody... when you get to court.. tell the judge, you ernestly want your children back and are willing to do what ever it takes... class, testing...etc... but you will need the assitance of a court appointed attorney.
Now don't do this unless you are sure you can get them back... you start diggin into the welfare of children and niether one of you are stable... they may wind up in foster care... and YOU DON'T WANT THAT!
I pray for you honey... there is nothing more precious than your children.. there is nothing more painful than loosing them!
Good LUCK!
2006-06-15 14:41:31 · answer #6 · answered by Sunshine_Diva 4 · 0⤊ 0⤋
Tough one, but if it is the best thing for your children, you will find a way. Sounds like you have a good case, being the more stable parent. Taking out a loan for the attorney fees may be worth it.
You may find someone willing to go pro bono. Ask around.
2006-06-15 14:34:24 · answer #7 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
Take his *** to court. . Or if he is a nice man go to him and talk to him about getting to see your kids every other week. I dont know you or this guy so i couldnt say what the answer would be but you should give it a shot.. Or find a very cheap child custody Center. They should have some around your town or city somewhere
2006-06-29 02:49:24 · answer #8 · answered by ~*$hAy*~ 2 · 0⤊ 0⤋
GO TO the child support division there are legal aid there that can help ypu out at no cost & let them know the situation of your daugthers, if that doesn't work go to a local child protection center they can help too. Good LUck w/ this hard situation & don't worry sonner or later they will be w/ you.. Just be patient & have fait .... BEst wishes!! :)
2006-06-15 14:57:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Goodness, use spellcheck. Then research local child welfare organizations. There are many organizations that help mothers with court costs. But first things first: have you asked for them back? You might be able to get him to agree to modification, without going to court. Just ask for a little more, then a little more.
2006-06-15 14:34:07 · answer #10 · answered by ? 1 · 0⤊ 0⤋