Father rigths ????

Question

Can a representative from the child support office help a non - custody father about a situation of visitation or does a father has to get a lawyer to be able to fix the situation... My hubby's EX is not allowing him to see and speak with his son ( 10 yrs) they speak on the phone once or twice a month , it is going to be a year in 2 months he pays child support every two weeks, write letters to him every week ( lives far way) and call almost every day and most of the times w/no one answer on summer vacation she cancel his trip we had a round plaine ticket now she will not allowed for him to come on Christmas vacations, my hubby even go were he lives but she didn't allowed for him to see thier son..In a way she is violation their son rigths but he as a father has rigths too and he wants to spend time with his son but she is being so hard on both of them, there is no way we can afford a lawyer at this moment, can someone from child support help him go to court & fix this situation??? :(

Answer 1

He should contact the courts. If he is paying support, and he has visitation rights, then she can't stop the son from having visitation.

He should be able to contact the child support office and find out what can be done. I don't think they will go to court and represent him (that would be illegal and unethical), but they will be able to either put him in touch with someone that could help him or guide him in the right direction to do something. Start there, but do not stop if they can't do anything through the office. They might find a lawyer willing to do it pro bono, or allow him to make payments. Most offer a free counceltation, so a lawyer could tell him what his rights are and what he can do. Sometimes, a letter from a lawyer will do wonders, and it usually costs far less than a court appearance (between $75 and $150).

Answer 2

I believe that he can talk to the prosecutor's office, and they may be able to help. Also, you can take her to court on your own, you don't necessarily need a lawyer. There are books that show you how to write up motions and whatnot. I know it's hard to do, but it may be that you will need a representative to help with the court stuff. Check your phone book for legal services, or call family law attorneys to see if there are any places that will help for free or on a sliding scale. If you live near a law school, there are some students that would help with this kind of thing too. I hope everything works out okay. I hate to hear that a father who actually wants to be in his child's life, isn't allowed to. It's sad.

Answer 3

i'd say get a lawyer but be cauious the more time goes by the more she has control over the situtation. you dont know what she maybe saying to him. plus your going to want the judge to speak with the boy alone to determine if theres a chance to take custody away. but you might be able to do this without a lawyer, although you should seek advise from a lawyer some give that for free. but look a few up and find out your choices.

Answer 4

We went through the same thing. We couldn't afford a lawyer so we called child support. They wouldn't help us. They told us that child support and visitations were two separate issues. We hunted around and found us a really cheap and crappy lawyer. It didn't matter that he was not a good lawyer because a fathers rights is a fathers rights.

Answer 5

Custody is a completely seperate issue from child support. What kind of custody do they have???? If they have joint- neither of them can stop the other from seeing the child. However if he has sole custody0- thats a different story. As much as he cant afford a lawyer- he needs to get one... its so damaging for a kid to have to go through that- being with a controlling parent... and parents fighting over them.

Answer 6

I doubt Child Services can or will do anything to help you out, since this is an issue between just your hubby and his EX. You'll have to get a lawyer and bring up a lawsuit to arbitrate this to your favor. If he does have legal visitation rights, you might start with getting a lawyer to write a demand letter to this woman, she might be scared enough that she'll "open" up to visitation, and you won't have to press this in court.

Answer 7

Is there a custody arrangement in place? If so, that will tell you what rights he has to see his child and if she's violating those rights, he'll need to go back to court. If there are none in place, then yes, you will need a lawyer to seek visitation rights.

Answer 8

You will have to get an attorney. Your child support office will not assist you with visitation. If you cannot afford an attorney then most towns have legal aid that can help or pay for an attorney if you qualify.

Answer 9

Unfortunately it is a matter for the courts to handle. I was there years ago, and feel sorry for you all. The child is the one that suffers the mosts.

Answer 10

GET A LAWYER