Mother came to dad and said she could not care for 4 year old daughter. Father had been paying child support in kentucky and also had child for last year. Mother has moved to georgia and won't tell where nor will she agree to joint custody. Father is working in texas now with daughter doing fine but is still having the wages taken from his check sent to mother . What is procedure to get the wages from being taken out if he is raising daughter and mother won't agree to at least joint custody. They were never married but the father's name is on birth certuificate and the mother asked father to raise the child. Now that he has said something about paying the support, she wants child back, but still has no means to care for her.
what agency does he contact first that won't take the child from him and give back to mother? Child is better off with father by far!!!
2006-09-10 16:08:20 · 14 answers · asked by goneblonde 3 in Family & Relationships ➔ Family
Thank You all so far for the direction and advise...I am sure it will prove the catalyst for the father. .After the state takes out the support money there is little left of his checks to pay an attorney. Shocking to me that he has let it go on for so long but he is kind natured and wanted the mother to get on her feet i suppose.. who knows.
Bottom line, she has not and he has and this is where it stands today and in the best interest of this little girl.. He needs his money to support them and to provide for her. He has called legal aid and they have told him to file for custody but he has not had the filing fees. Is there an attorney in Dallas who can file this and be paid when his support garnishing is stopped? His employer (national company he transferred to texas from) will give good recomendations I should think.
Thanks again!
2006-09-10 18:46:36 · update #1
First, how long has he had custody of the child -- for a full 12 months or just a few weeks? If it has been at least 6 months then if he has to have lived in Texas for 6 months, (the minimum time to establish residency), he could file for custody in Texas. If he has only been in Texas for a few months, he has to file where he last lived. (Kentucky?)
If the father is very short on money, he can file a lawsuit without paying a filing fee. He goes to the court clerk's office and asks to file for a fee waiver, which is usually called filing "In Forma Pauperis". They will give him a form, which he will have to complete and give to the judge. If he really can't afford to pay the filing fee, it will be waived, which happens thousands of times a day across this country.
What was said above is correct. HE HAS TO FILE FOR CUSTODY IMMEDIATELY, or RISK GOING TO JAIL. It is not right, nor is it moral, but it is very common. So, no matter which state has jurisdiction, he needs to file promptly.
If he does not qualify for legal aid, there should be other agencies at the court house that can help prepare the petition, and tell him what he needs to do to serve the mother. However, before he servers her, he should ask the judge for an emergency order (ex parte - i.e. before notifying the mother) for temporary custody. Once he gets this order, the mother will not be able to use the police to harass him, which is why he has to do it before notifying the mother. Someone at the court house should be able to help him write his Motion for Temporary Custody. They will tell him he has to notify the mother first, but have him tell them he wants to present this petition ex parte, because the child is with him and he needs the authority to take care of the child, and to make sure that the child will remain in Texas until the court is able to hear the case.
As a practical matter, if the mother has not done anything for a year, and is living in Georgia, she will not come to Texas to fight the custody order, and he will be given custody, the deductions for child support will be terminated, and the mother will be ordered to pay him child support, which under the circumstances, I don't expect he will ever receive.
This is not a hard procedure, and it is done by lots of people without lawyers in every court house in the country every day. So, don't be afraid, you can do this without an attorney, if you cannot afford one.
But most importantly, this is something that must be done right away.
Good luck.
2006-09-16 20:52:37 · answer #1 · answered by rehabob 4 · 0⤊ 0⤋
He needs to talk to a lawyer and explain the situation. Surely there's plenty of evidence to prove he's had her for the last year. It is too bad he waited to go to court on this one. He should have changed all the paperwork immediately, otherwise she could have been really vicious and claimed he stole the child. Get ahold of daycare records, doctor visits, anything that can help prove he's had her the whole year. Any emails or phone recordings proving she basically dumped the child will help.
He will need to get an emergency order for custody so she can't just show up with the cops and take back the child. Note he is not likely to get the back support returned. It should happen, but seems to rarely be the case. Again, why did he let this go on so long?
Where in TX are you? I know that Becky Beaver in Austin is supposed to be amazing, but pricey. I'm sure there are other good lawyers elsewhere in the state (you want a local lawyer for a multitude of reasons).
He can try CPS, but my guess is they are going to tell him to find a lawyer. I'd do so pronto as if she has papers giving her custody, she can show up at any time and just take the child.
Also..if he has any evidence of mother's incompetence, ie. drug use, convictions, etc. that may prove useful.
Good luck. CALL lawyers tomorrow!
---
added 9/16
Most courts offer the option for a fee waiver if his income is too low. I'm not sure what qualifies. ASK. Also you can usually get a free consultation from a lawyer, and it is a good idea to interview more than one anyway to increase the odds you get one. You probably won't find a free one, but you may get one who will take payments. Also maybe he should ask his family for the money for the lawyer. Surely they care what happens to this child.
2006-09-10 16:18:16 · answer #2 · answered by Lori A 6 · 0⤊ 0⤋
This is rather simple. Father needs to contact an attorney and have papers filed either getting sole custody of daughter, or joint custody with him being the primary residence. The fact that the Mother turned the daughter over to him, PLUS the fact that the Mother has no money to fight any kind of legal battle should work in Father's favor. However, an attorney is needed. If Father lives in Dallas or nearby, email me. I know a great attorney who is reasonably priced. Good luck.
2006-09-10 16:20:58 · answer #3 · answered by julesl68 5 · 0⤊ 0⤋
if there is a court order for him to pay child support then he needs to go back to court to have that discontinue. He also need to apply for custody. should have supporting evidence from neighbors ,schools that support that drt is living with him. when filing for custody put everything that shows that mother cant not support child. she will have to answer and prove that she can. if money is tight you can do a lot yourself with the help of free legal aid look in the yellow pages. Remember that no matter how bad you make the mother look , its because its the best for the child.
2006-09-10 16:22:12 · answer #4 · answered by livelovelaugh 4 · 0⤊ 0⤋
Call a laywer. She should be paying YOU the dad child support if child is in your care. Sue for the return of all the money you have been paying her since the child has been in your care. Only way to get the child support to stop and reverse to come to you is by getting a legal child custody order and having your lawyer handle it.
2006-09-10 17:15:01 · answer #5 · answered by Educated 7 · 0⤊ 0⤋
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation. If you sign up today you can ask your question tomorrow.
I wish you the best of luck.
http://www.getprotectedhere.com
2006-09-14 17:05:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
FATHER MUST GET IN CONTACT WITH THE CHILD SUPPORT OFFICE AND LET THEM NOW THAT HE HAS THERE DAUGHTER AND THE PAYMENT WILL STOP HE MAY EVEN BE ABLE TO GET HER FOR CHILD SUPPORT AND FOR JOINT CUSTODY ALL HE HAVE TO IS PROVE THAT SHE COULD NO LONG PROV ID CARE FOR THERE CHILD AND HE WILL GET THE BABY BECAUSE WHAT SHE HAS DONE IS CONSIDER CHILD ABENTMENT AND GIVE HIM THE RIGHT TO THE CHILD, SHE MY END UP IN JAIL FOR CASHING CHILD SUPPORT CHECKS ON BEHALF OF A CHILD SHE DO NOT HAVE.
2006-09-10 16:24:45 · answer #7 · answered by sweeppe 1 · 0⤊ 0⤋
Well the way I see it,it is all up to the court to change custody and and child support payments.Ask a lawyer on for sure.
2006-09-10 16:13:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Father should contact Texas and prove he has the child. Otherwise the mother will keep getting money.
2006-09-10 16:15:18 · answer #9 · answered by redunicorn 7 · 0⤊ 0⤋
Get an attorney ASAP. The mother could have have him charged with kidnapping (true or not, that decision is made after you are arrested).
2006-09-10 16:15:20 · answer #10 · answered by ? 6 · 0⤊ 0⤋