A man and a woman have a child while living together but never get married. She moves out of state onto a reservation and now only lets the father see his son at her house on her terms. She refuses to let him take his son home to spend time with him.
.What steps does he need to take just to get weekend vistation? Will he need a lawyer? How much will the laywer cost? He lives in Minnesota she lives in South Dakota.
2006-12-12 13:22:37 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Also they DID sign the legal recognition of parentage document at the hospital stating he is the father and he was told it is OK for her to leave the state because they were never married.
2006-12-12 13:32:42 · update #1
and child support is being paid but it is not through a court order.
2006-12-12 13:34:39 · update #2
taking her to court will settle everything. if she is noncompliant, the she can get into really big trouble with the law. sounds like you could try it out on your own, if that does not turn out successful, than hire a lawyer. most lawyers go by length of the case, not on the actual case itself. i really would suggest that you get one though. it won't hurt, only help. when you get to court, the lawyer will speek for you and say all of the right things to help you out. good luck to you. i hope everything works out for you. i have been through something similar with my husband and it is really really sad when a father wants to be there, and the mother is a true b---h. good luck to you, and god bless.
2006-12-12 13:40:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes, I would say he needs an attorney. It's unlikely any court would give weekend visitation out of state, depending on how long a drive it is. But unless there is something strongly against his character, he should get ordered visitation.
Costs depends on how heated the battle becomes and how much money she is willing to spend. I myself have spent almost $11,000.00 in attorney fees. I know those who went to mediation and spent much less and I know those who continue to battle and have spent more.
A word of advise though, shop around and research the attorney before hiring them. Ask a lot of questions about how they intend to handle your specific case. You usually get what you pay for when hiring an attorney, and in most cases you only get one chance to plead your case in front of the judge. So be sure to find one you like. Once the case starts, you want and need a good attorney on your side.
2006-12-12 13:35:40 · answer #2 · answered by Govt45 3 · 1⤊ 0⤋
an attorney.
in most states the father has no parental rights, if not married when child is born unless parantage is established, and you have court ordered visitations. get an attorney!
if he would have done the parantage thing earlier, she wouldn't have been able to remove the child from the state wihtout breaking the law.
2006-12-12 13:28:17 · answer #3 · answered by qncyguy21 6 · 0⤊ 0⤋
Both of you are not married, so technically speaking, only the mother has rights over the child. If you offer child support to the mother on an agreed terms that you get to spend time with your child, she might agree. Get a lawyer to draft such terms to the child's advantage. A good mother will always think in her child's best interest.
2006-12-12 13:32:34 · answer #4 · answered by counterculturalist 3 · 0⤊ 1⤋
He's going to have to get an attorney to establish custody rights. Yes, a lawyer is costly but you can often times work out a payment plan AND if she doesn't have the financial means to fight you then likely the costs won't continue to rise. You have to get it set up legally for custody rights though.
2006-12-12 13:30:44 · answer #5 · answered by 'tisJustMe 6 · 0⤊ 0⤋
You answered your own question. It's time to step up to the plate and jump through the hoops.
Stepping up to the plate and doing the right thing is something you will have to deal with for the rest of your life, and I'm not just talking about your child.
Get used to it, that's life.
2006-12-12 13:27:11 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Make sure the attorney you get is familiar with Tribal law of her tribe. I suspect that you are not native American?
2006-12-12 13:34:07 · answer #7 · answered by plezurgui 6 · 1⤊ 1⤋