My husband and I have been married for six years and have three children together, he also has a daughter that he has not seen since she was two, she is now fourteen. His ex left the state with her when she was two and until now we did not know where she was. She is currently in a different state then us. His ex was almost civil in the beginning when he found them and let him speak to his daughter on the phone but would not let him see her. Now she has told both of them that they can not speak to each other either. His daughter had expressed interest in the past to come and live with us. My question in what are our chances of even getting shared custody when he has never paid child support and had not been involved in her life at all for eleven years? Also is there a way to get out of state legal aid for little or no cost? We cannot afford a lawyer at this point and he would be delighted to even be able to see her. E-mail me if need further info any help is appreciated thanks.
2006-08-04 08:24:58 · 6 answers · asked by bluekitty8098 4 in Politics & Government ➔ Law & Ethics
She did not have permission to leave the state with their daughter she just took off. Didn't even give him a chance to say goodbye, and it's not that he wouldn't have supported his daughter, didn't know where she was. As far as expenses go, I do know that we would have to find a lawyer in their state and that is where all of the actions would take place so we would also have to cover travel expenses on top of lawyers fees which aren't cheap to begin with.
2006-08-04 08:40:04 · update #1
First off, was there ever an inital court hearing as to custody and support? If he hasn't paid support for this long, it doesn't matter. It's not a reason to stop allowing visitation. I knew a woman that relocated to a different state without giving the other parent the right to contest. When it was taken back to court, the mother lost the children because she didn't notify the father of the children. As for if there is a legal aid where you are.. that would depend on where you live. There are plenty of resources out there. But without knowing where you live it would be impossible. The court hearings should take place in what ever state they originated. That is the way it goes for me, even though neither one of us lives in the state any longer. If there was no support order, then he wasn't responsible for paying child support. If there was no original order for custody or visitation, then yes, you will have to pursue it in the other state.
There are agencies that will act in the best interest of the child. Do an online search for Children's legal services in the state where the child is. Call one of them, and if they can't help they can probably tell you who can. As for travel expenses for court, you can petition to appear by telephone to cut down those costs. Most courts are willing, but won't give you the option unless you ask. Good Luck!
2006-08-04 09:42:05 · answer #1 · answered by Mary J 4 · 0⤊ 0⤋
Yikes. Considering he hasn't paid child support, they live in another state, and you don't have the money to pursue this on your own I would say you don't have great chances. Your best bet is to try to pursue a civil line of communique with the mother in order to convince her that visits are an okay thing.
Did the mother have permission to leave the state when she did? Often times the other parent must agree to this arrangement. She may have violated that which will give you a leg up.
But my main concern with this is that you are going to try to use public funds to pursue it. If you can't do it on your own it is not the rest of our job to pay for this for you.
Talk to the DCF of the state she lives in to find out what their rules/regs are on such a situation.
2006-08-04 08:32:59 · answer #2 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Even though the ex lives out of state, you may be able to start an action in your state. Speak with legal aid where you live, and see what happens,
2006-08-04 08:31:02 · answer #3 · answered by profdave99 3 · 0⤊ 0⤋
feels like a definite factor for you. drugs are related to the only factor that'll save a newborn from the mummy. no remember how super the father is, if the mummy is verbally abusive yet provides the newborn the bare minimum so a techniques as foodstuff and look after bypass, the newborn remains along with her. yet drugs substitute issues. as long as you and your husband are extra healthful (as i'm specific you're), and incredibly for the reason that she must be with you, she will. you do not even could desire to have a criminal expert, in case you do not want (genuine in NC, a minimum of). sturdy good fortune.
2016-11-03 21:41:34 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Go get legal aide. But aside from that at age 14 a child can decide with whom they want to live!!!!! Good Luck
2006-08-04 08:37:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
here is some interesting info on child custody
http://andycaine.custody05.hop.clickbank.net
2006-08-04 10:58:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋