View Full Version : Rights,visits,what we can and can't do
gfofafather
Oct 26, 2008, 12:17 PM
I'm a girlfriend of a father that hasn't seen his son since 12/2005 there are a lot of things that have made him not be able to see him. Before 12/2005 he hadn't seem him since he was 9 months old and now the child is going to be 10 years old in 1/09 so. The reason we are more aggressive on this matter now is because we have a 19 month old daughter and want her to know her brother. My boy friends ex has made it difficult to the fullest to let them see each other. We do not have a lot of money so a lawyer is a difficult thing to come by and the stuff online that says it's free or on TV seems like scams so we don't know what to do anymore. The issue is he has a bad criminal past but none of it involes his son or harm to him with that she was able to get visits supervised by her Uncle out where they live an hour away and he has to pay around $70 to get them set up for a medator to do that then drive an hour out of his way pay child support he can barley afford now as well now. Recently the ex was going to let him see him outside of a visitor with her and that failed due to her not wanting anything in the end of doing what she stated it was more I just want to argue with you about everything but our son so she has threatened numerous things now if he goes to court and fights to see his son we as a family don't want to get in over our heads and he ends up in jail for not having rearage money as she states or just all the threats she has made so we are not sure what to do at this point. We really need help and he has court 11/6 in a week basically almost. Please can someone help us with anything!
Thanks
Court
ScottGem
Oct 26, 2008, 12:34 PM
I'm not sure what help you want? What is this court hearing about?
Your boyfriend is, apparently, paying the price for his criminal past. The thing is if there is a court order for visitation in place, he needs to go to the courts to enforce that order.
Her threats are mostly empty (but you do need to keep a record of them). She can't have him jailed for trying to get a court order enforced.
stinawords
Oct 26, 2008, 12:40 PM
What does he have court for next week? Is it for his visitation or for support? Has he been paying support? There were some nasty run on sentences that were pretty hard to follow in your original post (I know emotions get the best of people sometimes). So what I gathered is that he has court ordered visitation that are supervised and he hasn't been taking advantage of them. Is that correct? If I'm wrong I'd rather be corrected than go on and answer (what might be a long answer) then find out I didn't even understand the question.
gfofafather
Oct 26, 2008, 01:03 PM
The court for next week is as he states just a status court date which I assume is for his child support. He has been paying support monthly for the past few months now consistently since he has had a more stable job. He was unemployed for awhile or work wasn't needing him when he had a few different jobs which he informed the judge about and the judge understood and just had him come back I think just about every month since June of this year to keep up with him and what's going on. You are correct on the assumption you made off my bad email lol he has with her since 2005 the right to see their son through a medator seeting a visit 1st which is pretty expense then once that's set he has the visit usually with her uncle but he would much rather have it with a professional now but she is threatening she will do them now which is not what he wants. He hasn't even fought for visits because to be honest it never seems to go anywhere and it cost a lot on top of what he already pays. I think that I answered what you have asked so far so I'll wait to hear back from you there I'm sure is more I need to be in detail with you about but I don't want to chew your ear off either lol
ScottGem
Oct 26, 2008, 01:07 PM
Well the only thing you can do at this point is try to modify the visitation order.
gfofafather
Oct 26, 2008, 01:09 PM
OK and to do that do you think it would be best for him to get a lawyer?
stinawords
Oct 26, 2008, 01:44 PM
It's always easier with a lawyer. But if money is too tight to even take advantage of the visitation he has it could be that much harder to get a lawyer. I think it would obviously be in his best interest to have a lawyer with him especially with his past and his inability to keep up with his visitation as is. The modification would have to come from the court and maybe he can have it written in that the supervisor is a professional (but he would probably have to pay them too).
ScottGem
Oct 26, 2008, 02:32 PM
The reason there are lawyers is because the laws are often so complex that you need someone trained to help you navigate the legal minefield.
That being said, Family court tends to be a little looser and it also appears you have a sympathetic judge.