My brother can't see his kids because his wife won't let him. When he goes to court over child support, the judge tell him that is another case matter. He haven't seen his kids in 2 years. He have no money to hire a lawyer. He lives in Va. Any advice on how he can see his kids?
2007-06-07 04:48:26 · 17 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Get with the child CUSTODY agency not the support group and file a complaint with them. Support and custody are not the same issue.
2007-06-07 04:51:26 · answer #1 · answered by wizjp 7 · 1⤊ 1⤋
Is there an exisiting court order or parenting plan? What does it say? If there isn't and he is the biological father he has every right to see the kids until she can convinve the law and / or department of children's services that he is a threat to them.
Was he consistently in their lives prior to the past two years? Were they ever married? If he is paying child support then there has to have been an order telling him how much and when he can see his kids or not at all. If it states not at all and he wants this changed then his only alternative is to hire a lawyer and try to get co-custody. This will be hard to do after two years but it is not impossible.
2007-06-07 13:00:33 · answer #2 · answered by Will W 1 · 0⤊ 0⤋
Wow...if he's paying child support and wants to be in kids life, I don't see why the courts would not grant him partial custody, unless there were more to the story. Maybe she gave off the impression in court that they were in harms way being with him...I hope she wouldn't ruin a fathers relationship with his children because of a grudge. If I were he, I'd try to see one of those lawyers that are based off his income. He shouldn't have to prove he is a fit parent when there is nothing proving he ever hurt the kids....if he has to write to his congressman, senator, court officials or anyone else who will listen, this is unfair to him and his kids. I wish him luck!
2007-06-07 12:02:44 · answer #3 · answered by Lil_MissVal 3 · 0⤊ 0⤋
He needs to contact the courts. Some court systems have forms to fill out while others need to be typed up. Many court systems have a financial aid type of program where a person may request to have their paperwork submitted at no cost.
Parentage Determination, Child Support, and Custody are all different issues to the court.
2007-06-07 22:20:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Unless there is any kind of order from the court that the father is NOT allowed to see his children (due to abuse or neglect), then he has a right to visitation regardless of child support payments. If the mother is in violation of the visitation order laid out in the divorce settlement, then he doesn't need a lawyer -- he can just go to the police/sheriff to have the existing order enforced. (Of course, if he could work it out with the mother first, that would be preferrable.)
I would tell him to record the dates and times of when he contacted her to see the kids, and have him tell her that he is within his rights to see them, and that he'll contact the authorities to enforce those rights if she can't abide by the court order.
Good luck!!
2007-06-07 12:04:17 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes have your brother join a fathers rights group in his area. I searched for them in VA and i will attach a few of the links. I live in Ontario, Canada. My Husband went through the same thing, the groups sometimes have legal help available as well. Have him call, email, or actually go to one of the meetings. The men there are all in the same "boat" so to speak. The legal advice is wonderful!! I got my husband involved in one, he doesnt see his kids as much as he likes now, but after 7 years of not seeing them at all, any time is better than no time at all.
2007-06-07 11:54:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If his wife won't talk to him then apart from a lawyer he has little choice. Is there no family arbitration centres there that can be a go between. He should only need a lawyer once because a judge should easily order her to give him access if he is no threat to the children.
2007-06-07 11:53:22 · answer #7 · answered by Ellie 6 · 0⤊ 0⤋
A child needs to have both parents. Even if either parent doesn't pay child support. The child needs both! Yes, it does stink to let the parent who isn't paying to see the child, but you are only hurting the kids if you didn't. Your brother should see if there is lawyers who helps someone who doesn't have the funds to pay! Ask someone through his county. I had free lawyer for my divorce. I can't remember how I found him, thou! Sorry! Good luck!
2007-06-07 12:08:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
First of all, IS he the father? Was he married to the mother of the child or not?
If not, has the court ordered a paternity test? If not, why not?
You have a lot of holes in your post that need to be filled before anyone can give you a valid answer.
2007-06-07 12:09:05 · answer #9 · answered by hexeliebe 6 · 0⤊ 0⤋
You have to set up a parenting plan through the court and then sue for visitation rights. The do have legal advice and aid for low income situations such as thins...
2007-06-07 11:51:34 · answer #10 · answered by helicopterjen 4 · 0⤊ 0⤋
i found this link go through it and see if anything in it can help he can go see any lawyer for free consultation on this matter and then he can ask that lawyer if he can do a sliding fee for his low income or ask if he know of any pro Brno lawyers out to help for fathers rights and take it from there hope this helps i wish him all the luck
2007-06-07 12:03:23 · answer #11 · answered by Anonymous · 1⤊ 0⤋