My friend is a wonderful father but he hasn't seen his daughter in over a year, he pays child support but doen't have visitation rights. He had left the state to visit some of his relatives a little after his ex-wife filed for a divorce and she claimed that he had abandoned her and their daughter and somehow got full custody. He really wants to get joint custody of his daughter or atleast visitation rights but he doesn't know how to go about doing it, and he really doesn't have the money to hire a lawyer.
Can anyone help? Does anyone know someone who was in a similar situation who did this?
My friend, his ex-wife, and his daughter all live in the same area in GA, the daughter is 6 years old.
2006-10-04 13:14:34 · 8 answers · asked by Z ben 3 in Politics & Government ➔ Law & Ethics
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2006-10-04 14:57:34 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Well, being as the rights are lost at this time, it will be a little more difficult. I would contact the family court liaison to ask the first questions to. Also getting a paralegal, who knows how to type up the paperwork and moreover file it, will save a ton of money.
This will not be an open and shut case but at the same time he needs to start this ASAP. Also have him start calling the house if he has the number. If he does not have the number or an address, he can claim she took off and went into "hiding".
I had to fight this kind of thing for 10 years before my daughter returned to live with me. Now her father, who didn't have a nice thing to say about me other than how worthless I was if I was 3 minutes late on calling, rarely talks to her and will not come to see her. I spent ten years fighting and taking every scrap the courts would allow me.
This will not be guaranteed to be quick.
Good luck to your friend!
2006-10-04 13:21:43 · answer #2 · answered by nordic_winds1969 2 · 0⤊ 1⤋
Call the Friend of the Court (or similar family court system in the area) If he's the legal father (not BIO but legal - on the books) and he's not into anything weird - they should be able to help him for relatively low cost. There's always going to be money changing hands when a legal dispute is going on but tell him to spend the $$ and then sue the mom for it later - good luck
2006-10-04 13:24:31 · answer #3 · answered by gummybear1772 5 · 0⤊ 0⤋
If your friend's ex-wife was able to get full custody, then your friend needs to file a proper motion with the court to get the order modified. Your friend bears the burden of proof to show why the order should be changed. Is it possible to do this without an attorney? Yes, but it won't be easy. Your friend should and least consult with a local family law attorney to see what the cost might be to change the custody order.
2006-10-04 14:58:24 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
You can go to the family courts yourself and see a mediator. Your can see legal aid or a legal aid representative that is a lawyer who file on you behalf and get legal aid to pay for it, that is if you meet the criteria. It is good to see that some father's want to do the right thing as my ex- husband did not want anything to do with his children. I was the one who filed for him to see them and yet the courts couldn't understand why he kept on fighting me to not see them, his excuse was that his girlfriends 4children were more important. He is no longer aloud to see any of his 3children due to sexually assaulting my elderst daughter who is now 9. Just try and reason with her through the family courts the mediator will draw up papers that you both sign and she doesn't do what the papers say she can be charged or even worse end up with a pretty big fine.
2006-10-04 13:32:45 · answer #5 · answered by Debbie B 1 · 0⤊ 0⤋
Your basically hazard is the reality which you have been doing this for a year, different than that, is it somewhat honest that she does not get weekends while she may be off to spend time with the babies? that doesn't flow without asserting which you have no longer have been given very plenty time with them because it is, so which you're able to take a seat along with her and clarify which you're fantastic with the another weekend, yet you're able to desire to have further days in the process the week to spend time with the youngsters. a brilliant parenting time time table that i've got considered paintings is the two-3-2 time table. Week a million: mom: Mon - Tue Dad: Wed - Fri mom: Sat-sunlight Week 2: change names. This time table works nicely in case you the two stay interior of close place of another, or a minimum of the college and daycare they attend. yet another selection is to ask for overnights in the process the week alongside with what we call in Texas, prolonged visitation. On each and every Thursday you %. the baby up and return the baby to college. on your weekends, you will get the babies Thursday, take them to college Friday and %. them up from college Friday for the weekend. that could supply you the 4 days you're lacking. You the two comprehend what's going to paintings superb to your schedules, yet maximum critically the babies. this isn't any longer approximately you or the ex spouse, you're able to die to self while it contains the babies...
2016-10-18 12:23:32 · answer #6 · answered by ? 4 · 0⤊ 0⤋
No money to fight it, well how about if he tried to show the ex that he really wanted to support his child through life. Be nice to her and if she is not nice back hold his tongue for his childs sake. Bend over backwards to see her and see if the ex will ease up a bit. If he really wants to be a part of his childs life he needs to become a humble father.
2006-10-04 13:23:43 · answer #7 · answered by canine582002 2 · 0⤊ 0⤋
tell him to contact his local legal aid office or maybe the child support enforcement could help him since he does pay support.
2006-10-04 13:24:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋