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-   -   Custody/visitation rights for fathers (https://www.askmehelpdesk.com/showthread.php?t=100984)

  • Jun 13, 2007, 12:29 PM
    harrell
    Custody/visitation rights for fathers
    I have joint custody of my oldest son an want visitation rights to see my daughter an youngest son whom are from other relationships,what do I have to do to get these right,both are taking me to court for child support but I haven't seen my daughter at all an she is almost 2 years old,my youngest son is almost a year an I have only seen him one time,an that was only because my ex girlfriend didn't know me an my wife was visiting my mother,if she had known she wouldn't have stopped in,so what can I do.I don't have a lot of money an can't afford a lot of court cost. Thanks
    :confused: :(
  • Jun 13, 2007, 01:56 PM
    LadyB
    There is not much you can do except to have the visitations entered into the court order along with the custody and child support arrangements. You really need an attorney.
  • Jun 14, 2007, 07:00 PM
    endlessecho
    Where I live in TN they refuse to settle matters of visitation in child support court. You need to talk to an attorney. Usually a consultation is free and if you explain to them your lack of funds they may cut you a break.
  • Jun 18, 2007, 01:13 PM
    harrell
    Quote:

    Originally Posted by endlessecho
    Where I live in TN they refuse to settle matters of visitation in child support court. You need to talk to an attorney. Usually a consultation is free and if you explain to them your lack of funds they may cut you a break.



    Thanks for advice,in tn it is against the law to refuse visitation even if your not able to pay court order child support,is this true?some one told me because I haven't been apart of my daughters life at all an she has never seen me,that I might have a chance of getting her taking from her mother cause she won't allow us to spend time together,an that isn't in the best interest of the child,is any of this true?? :)
  • Jun 18, 2007, 02:27 PM
    dunno
    Quote:

    Originally Posted by harrell
    thanks for advice,in tn it is against the law to refuse visitation even if your not able to pay court order child support,is this true?some one told me because i haven't been apart of my daughters life at all an she has never seen me,that i might have a chance of getting her taking from her mother cause she won't allow us to spend time together,an that isn't in the best intrest of the child,is any of this true?????:)

    There's pretty much no chance you would get custody. In some cases, yes but it VERY VERY rarely happens. And yes, you can't withhold visitation just because child support isn't being paid. They are two separate issues and have nothing to do with one another.

    My fiance' just went through a 3 year court battle with his ex. She didn't allow him to see his daughter. She is now 7 years old. He finally has visitation again. We had to pay for an evaluator to finally get something done.

    You need to go to court and get a custody/visitation order put in place. We found a really good lawyer that lets us make payments every month that we can actually afford.

    You need to find a lawyer. The sooner the better. THe longer you wait, the worse you look in the judge's eyes.

    Good luck!
  • Jun 18, 2007, 05:26 PM
    endlessecho
    'dunno' is right. As far as I know (like I said, here in TN anyways) they almost NEVER EVER EVER take the child away from the custodial parent and give custody to someone else, only in the very most extreme cases.

    While I must agree, it isn't in the best interest of the child to not have both parents a part of their lifes, that doesn't prove the mother a truly unfit parent (to the court, but is sure as heck does to me!)

    My fiancé has a 5 month old daughter and told his lawyer to make sure he could get visitation (he told the lawyer to have it establish before or as soon as the baby was born) and we just now have been told that our lawyer sent his ex's lawyer paper work, on getting a court date, in order to get visitation. So if you really want to see your kids, get on the ball, and ASAP!

    Really all you can do is wait it out, pray, get a lawyer and be on your best behavior because anything she can find to use against you, I assure you, she will!

    Good luck.

    Let me know how things go for you.
  • Jun 18, 2007, 05:54 PM
    harrell
    Quote:

    Originally Posted by dunno
    There's pretty much no chance you would get custody. In some cases, yes but it VERY VERY rarely happens. And yes, you can't withhold visitation just because child support isn't being paid. They are two separate issues and have nothing to do with one another.

    My fiance' just went through a 3 year court battle with his ex. She didn't allow him to see his daughter. She is now 7 years old. He finally has visitation again. We had to pay for an evaluator to finally get something done.

    You need to go to court and get a custody/visitation order put in place. We found a really good lawyer that lets us make payments every month that we can actually afford.

    You need to find a lawyer. The sooner the better. THe longer you wait, the worse you look in the judge's eyes.

    Good luck!

    Thanks for the advice,who was the lawyer you used?cause I could use good legal help,I really want to see my daughter.
  • Jun 18, 2007, 05:59 PM
    harrell
    Thank you for your input an info I will keep you informed an probably be asking more Q's
  • Jun 19, 2007, 05:03 AM
    endlessecho
    Comment on harrell's post
    Our lawyer is Howard Upchurch/ Caroline Knight. Their office is in Pikeville, TN.
  • Jun 19, 2007, 04:13 PM
    endlessecho
    Just to keep you updated, we finally got a court date, I'll let you know how things go.
  • Jun 19, 2007, 04:22 PM
    dunno
    It does take time from the time you file until a court date is reached. And with your situation, they'll probably set a court date and then when you go, it'll be continued. Ours was continued several times. We initially had court in April and it was continued until May, then continued again and we finally had court on the 12th. The ex's lawyer tried to get it continued again but luckily the judge wanted it finished.

    Like I said, this was after 3 years of court battles that we FINALLY have it over with. Good luck! I now know more about custody battles than I ever thought I would need to know!
  • Jun 20, 2007, 11:13 AM
    colleen40
    Quote:

    Originally Posted by harrell
    i have joint custody of my oldest son an want visitation rights to see my daughter an youngest son whom are from other relationships,what do i have to do to get these right,both are taking me to court for child support but i haven't seen my daughter at all an she is almost 2 years old,my youngest son is almost a year an i have only seen him one time,an that was only because my ex girlfriend didn't know me an my wife was visiting my mother,if she had known she wouldn't have stopped in,so what can i do.i don't have alot of money an can't afford alot of court cost. thanks
    :confused: :(

    File a order, motion for visitation, family court can give u papers for visitation, don't need a lawyer and support has nothing to do with visitation, make sure u get it and in force it.
  • Jun 1, 2012, 08:46 AM
    PeteMarley
    I live in South Carolina. My ex girlfriend has my 1year old Daughter , I have not seen her in like three months. She has tried to send me to jail a few times and got proven that she lied. She has said she sent in child support but I have not seen any paper work. What can I do to get chalid support and visitation going on my end. I would galdly pay her child support to see my little girl again. Any one know any lawyers in South Carolina I can contact, that take payments would help.. or some help would be nice.. thank guys.

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