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jjjackson · Nov 17, 2011, 05:26 PM

My daughters father has not let me see my child for over a year . I do not have the money to pay an atty 3000 dollars for a retainer fee , is there any thing I can do about it

ScottGem · Nov 17, 2011, 06:13 PM

Something doesn't make sense here. In this thread you are the father

https://www.askmehelpdesk.com/family...an-613056.html

In the thread we are viewing you are the mother.

And in this thread from 8 months ago. You are a husband helping your wife:

https://www.askmehelpdesk.com/family...er-555679.html

So what is the truth here?

cecomas · Nov 17, 2011, 06:13 PM

You can always represent yourself in a court of law. It is not necessary for you to have an attorney. You should go to the court in your area and speak with someone at a self help desk. There usually is one at most courthouses. If there was a divorce involved then your divorce decree or judgment should specify visitation rights. If your daughter's father is violating those visitation rights then you can file a hearing re contempt. Another option is to contact the Volunteer Lawyers Program in your area. They can usually be found by contacting the State or City Bar Association.

Fr_Chuck · Nov 17, 2011, 07:25 PM

First yes we need Scotts questions answered, it may appear you are not being honest about this.

Next tell us about what court orders are in place now?
Tell us where this is at?

jjjackson · Nov 17, 2011, 10:24 PM

OK my post is for my preasant wife , her ex ( they were together for nine years ,never leagally married )had a girl together . We have been married for a year , he would let her see her daughter when she would have sex with him , no sex no vistation,he threatens to shoot her if she comes on his property . He lives in Mississippi , we live in Tennessee , there are no marriage papers hence no divorce papers , hence no custody papers , sherrifs office said posetion is nine tenths of the law and they couldn't get involved unless judge signed order to enforce , please help

J_9 · Nov 17, 2011, 10:28 PM

You don't need divorce to get custody. How did this man get custody in the first place? A court would have had to awarded custody to him unless she just gave him the child.

jjjackson · Nov 17, 2011, 10:45 PM

He has her and won't give her back , like I said the law said posetion is nine tenth

ScottGem · Nov 18, 2011, 04:02 AM

Originally Posted by jjjackson

ok my post is for my preasant wife , her ex ( they were together for nine years ,never leagally married )had a girl together . we have been married for a year , he would let her see her daughter when she would have sex with him , no sex no vistation,he threatens to shoot her if she comes on his property . he lives in mississippi , we live in tennessee , there are no mariage papers hence no divorce papers , hence no custody papers , sherrifs office said posetion is nine tenths of the law and they couldnt get involved unless judge signed order to enforce , please help

Yet, in the thread you started back in February you said; "my wife has custody of her son the biological grand mother has him and will not let her see him or give him back "

Now you are saying the father has the child and there are no custody papers. Look, we are here to help people, but not people who string us along or can't get their story straight! We can't help people like that.

But the bottom line here is your wife has to go to court to get custody and visitation orders issued by a court. The sheriff was right, possession is 9/10ths of the law. Without a court order your wife can't force the father to do anything.

Plus since the child lives in MS, this has to be done through MS courts.

jjjackson · Nov 18, 2011, 08:45 AM

The original posti started in February was for her son , we have sense went to court on him and now we are fighting for her daughter that her ex has , they were not married , so no divorce , so no custody papers

ScottGem · Nov 18, 2011, 08:59 AM

Ahh, Thank you for clarifying that. I hope you understand that, for us to give you accurate help, we need to understand the facts. When we get conflicting facts we have to question it.

But the answer still stands. Without a court order awarding her custody, or, at the least, visitation, the father controls things. However, the fact that he has withheld the child from her mother will not look good before the court unless he can provide justification for it.