rlshall
Jun 23, 2011, 02:38 AM
My son has a child with his former fiancé and she won't let him see the child. How would he go about seeking some sort of custody of his son? He has tried repeatedly since before the baby was born and he's 4 now but he can't afford an atty. He's paid child support willingly since the child was born. She keeps telling him he's not allowed to see him and she don't want my grandson to know his real father cause he has a daddy now in her new husband. We are at our wits end trying to see him to no avail. Please any ideas on this would be greatly appreciated.
joypulv
Jun 23, 2011, 03:37 AM
He files in Family Court for custody and or visitation, with or without an attorney, although an attorney will make it much easier.
He and the child may have to submit DNA first. Child support, if not ordered by a court originally, could end up being ordered all over again, retroactively and for the future.
ScottGem
Jun 23, 2011, 03:38 AM
Was an order for support issued by a court? If so, why didn't he ask for visitation at that time.
The ONLY way to force visitation is to get a visitation schedule set up by a court. Without that, the mother is in total control. Family Courts are less formal and more user friendly so a lawyer is generally not necessary. However, if she gets a lawyer, then he will need one, he can't afford not to have one, if he's going up against a lawyer.
If there is no court order for paying support, then I would recommend that he stop support. Normally the child's welfare is more important and I would not recommend this, but I'm getting tired of mothers who use children as a pawn in revenge against the father. If he does decide to use this tactic (Again ONLY if there is no court order for support), then he should put what he was paying into a separate account so he can turn it over when he gets visitation or a court orders support.
If the mother files in court for support, then he counter files for visitation. While most courts keep visitation and support as separate issues so one is not dependent on the other, a court can hear both motions in the same hearing.
Frankly, though, 4 years is a long time. The fact that he hasn't applied for a visitation order in that time, will probably work against him. Also, ANY question on law needs to include your general locale as laws vary by area.