Ok my brother pays child support for his child and the mom still will not let him see his child.. and as a result is having to see a lawyer tomorrow.. is it against the law for her to do this if she is receiving child support from him? and will it take long for this to go to court?
2007-11-11 06:53:00 · 6 answers · asked by Kelly♥'sJames 3 in Politics & Government ➔ Law & Ethics
As long as he's paying his child support on a regular basis and he's actually making arrangements to see his child, she can be in trouble for denying him of his rights unless she has a really legitimate reason. She most likely has gotten notice if he has filed complaints about her denying him but if she's ignoring them, she's most likely going to end up in court explaining herself and he should be getting to spend some time with his child very soon. Good luck!
2007-11-11 06:58:37 · answer #1 · answered by ♫Joshua's~♥~Girl♫ 5 · 2⤊ 0⤋
if there is no current custody/visitation agreement, your brother can't make her let him see the child just because he pays for the child. child support and custody are two different battlefields, but the fact that he IS paying will reflect positively on him.
however, from the info you give it doesn't sound like she's willing to work this out without intervention. a lawyer really isn't a necessity for family court matters. he should file a petition asking for a set visitation schedule. unless she can prove why it wouldn't be in the child's best interest, the judge will more than likely grant it to him. if she violates the terms, he can take her back for violation of the order.
as for the length of time....i work at family court in a busy city. you usually don't end up gettting into the courtroom for about 3 to 4 weeks after you submit your petition. this could be longer or shorter, depending upon how busy the court where he resides is. usually the clerk wil be able to give you an estimate of the length of time when you turn everything in.
good luck!
2007-11-14 21:16:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Your brother should be allowed to see his child. Unfortunately, the law only works on the side of the person who is supposed to be receiving child support. The law does not protect the rights of the non-custodial parent. Your brother will have to file contempt against the child's mom for not letting him see the child. In some states, you can also file criminal charges against the mom although the police don't figure you know what you are talking about. Always get a police report to document the attempts to pick up the child and ask the police officer to file criminal charges.
2007-11-11 15:06:46 · answer #3 · answered by rick 2 · 1⤊ 0⤋
Does their court order state visitation rights??? If so then your brother can file contempt of court or visitation enforcement. Yes it is against the law for the mother to do this but I will warn you that Judges don't normally do a whole lot on this. Not saying that will happen in your brothers case. It will take time to get the court date and so forth.
YOUR BROTHER HAS RIGHTS.
ALWAYS DOCUMENT EVERYTHING and make every payment on time.
***I can not say this enough:***
DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!
Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of EVERYTHING YOU HAVE PAID.
***If he pays directly to ex then get a file and keep organized records of every child support payment.***
***Keep receipts of everything he buy his children because EVERYTHING he buy can be applied to his child support arrears***if there is any. Never say it was a gift ~especially if there are arrears.
If there are arrears then the x can file to get income tax refund so don't file jointly with new spouse unless the tax company he uses document it so the irs does not take his new spouses part of the refund. not sure about that but you will have to ask a cpa.
In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if he ever gets behind on a payment they will become the child support payee's enemy and no matter what the x is doing will not matter cause THEY WANT THE MONEY.
KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.
The states look at child support and visitation as seperate so keep good records on both. You will thank me for this in years to come.
http://www.fcnetwork.org/library/p3Child...
Look at this web site...print it off and glean from the information that can help you. It will show your rights. Don't be concerned with who it is for just the good information. I like it cause of it's lay out and simple to understand.
2007-11-12 15:56:26 · answer #4 · answered by BeautyQueen 4 · 0⤊ 1⤋
Actually, it depends. If there is a court ordered schedule of visitation in place then yes it is against the law for her to deny him visits. If visits are left to her discretion, then no. Also, if he shows up for visitation when not scheduled (or late) she doesn't have to release the child to him, although she should have a good story to tell the court if that is the case. She also doesn't have to release the child to him if she has a reasonable issue with the child's safety being in danger (if he doesn't have a car seat, if the child is sick, if he seems intoxicated, etc), and in this circumstance she also should have something good to tell them at court.
2007-11-11 22:41:42 · answer #5 · answered by missbeans 7 · 1⤊ 0⤋
weather he pays support or not he still should see his child and the child see him .one is Not dependent on the other. unfortunately it will take some time to get an order but its worth it
2007-11-11 15:05:07 · answer #6 · answered by larry_me6 2 · 1⤊ 0⤋