I'm a single mom to my 4yr old daughter. When my ex was told I was pregnant he offered to pay for the abortion and when I wouldn't agree he left and never seen him again until custody hearing. He didn't pay anything the first year of her life and has kept trying to evade social services to try and get out of paying all the time. His new wife has constantly harassed and threatened that if I didn't drop the child support then they would go for custody/visitation. I was given a notice today that I have to be in court in 2.5 weeks for custody/visitation hearing. I'm so scared for my daughter she doesn't know him or anyone because he's never tried to see her. Honestly I don't know him or his family either and from the way him and his wife have acted quite frankly I think their insane. I'm a single mom working and going to school so I can't afford the best lawyers. Any help or advice would be greatly appreciated! Thanks.

What does he allege in his motion to modify custody? In many places, one has to allege a material change in circumstances at least.

And, of course, what state are you in?

First off are you sure your reading things correctly? Im asking because in today's times a hearing in just 2 1/2 weeks is highly unusual. Also to help you better we need to know what State / Country you are in.

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Originally Posted by AK lawyer

What does he allege in his motion to modify custody? In many places, one has to allege a material change in circumstances at least.

And, of course, what state are you in?

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You must be thinking of something else. You don't have to have a material change for a custody hearing to occur. I think your thinking of support ? Custody is about time with the child and the fact that a parent desires more time is all that matters to the courts.

I thought the rush court date was a little off myself. It says it was originally set for may 31 but they couldn't locate me. Someone else signed for the papers for me today.I'm in Louisiana. It states that a hearing be had and the defendant be ordered to show cause why custody and visitation should not be set also says further, for all other general and equitable relief to which petitioner is entitled.

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Originally Posted by jess70444

I thought the rush court date was a little off myself. It says it was originally set for may 31 but they couldn't locate me. Someone else signed for the papers for me today.I'm in louisiana. It states that a hearing be had and the defendent be ordered to show cause why custody and visitation should not be set also says further, for all other general and equitable relief to which petitioner is entitled.

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On the paperwork you have received there should be a case number that goes along with it. You may be able to call the clerk of the courts and find out when this was first started. And any outcomes that may have occurred. It sounds like they had a hearing date and possible hearing already. You need to catch up on what is going on.

Well either way I'm going to get a lawyer. I don't have lots of money but I do have family that would do all they could to help. Her going off 3 hours away for weeks or even a weekends with these people really worries me. I've kept all e-mails and messages of her threats towards me and the stuff she's told me about him being on drugs etc... I never tried keeping her from him until I found out all this stuff. After everything he's done I even let him claim her on his taxes and I settled for a less amount of child support than the court felt I should get. He's never asked to see her himself its his wife who has been contacting me. I would just hope that if they allow visitation that they at least do supervised.

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Originally Posted by cdad

You must be thinking of something else. You dont have to have a material change for a custody hearing to occur. I think your thinking of support ? Custody is about time with the child and the fact that a parent desires more time is all that matters to the courts.

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Without "change in circumstances" or something similar, a litigous parent could file over and over again. So there should be some rule of that nature, to cut down on that.

OP (when she wrote "I wouldn't agree he left and never seen him again until custody hearing.") suggested that there was a previous custody hearing, and that now a new hearing has been scheduled.

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Originally Posted by AK lawyer

Without "change in circumstances" or something similar, a litigous parent could file over and over again. So there should be some rule of that nature, to cut down on that.

OP (when she wrote "I wouldn't agree he left and never seen him again until custody hearing.") suggested that there was a previous custody hearing, and that now a new hearing has been scheduled.

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We've never had a custody or visitation hearing before. The last hearings we had were over child support. The first couple hearings he never showed for child support and they ruled in my favor and the third time he took me back to court for a decrease because he felt it wasn't fair.this is the first time he's ever mentioned wanting to see her.

Generally Support and visitation are held separately. So its not unusual for a child support action to not deal with custody and visitation.

Can you prove the threats about filing if you don't drop support? If so, I would present such evidence in court. Yes you should get an attorney, especially if they have one. Your attorney will tell you what evidence you need.

Other than that, I don't see anything here that will prevent visitation. It is unlikely they will get primary custody, but they should get visitation. The only way to prevent that is to show they are a danger to the child. Since they have made no previous move, you can probably require that they come and pick her up.