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Is this Ture??

Started by KKJ995, Feb 19, 2007, 06:54:47 AM

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mistoffolees

If she's not letting him see the baby, he could have his attorney file for an emergency hearing.

Since she's filed against him for child support, that strengthens his case. Either she's admitting that he's the father or she'd guilty of fraud. I don't think she can reasonably argue now that he isn't the father - but you'll still need the court to confirm it.

mistoffolees

That's true, but it's not as bleak as that. He signed the birth certificate. In addition, the BM filed for support from him. It would be pretty hard for her to argue that he's not the father wtihout getting herself in trouble for contempt of court.

KKJ995

So since he doesn't have any rights as of right now, she can do anything she wants to do?  Does that include overwhelming him with text messages and voice mails to the point that his voice mail is full and so are his text messages?  Would this be considered harrassment?

Sherry1


mistoffolees

My guess is that it wouldn't, but ask the attorney.

In my case, my stbx was calling me 5 or 6 times in a row to complain about money and then started calling me at 4:00 am (not all the time, but once in a while) and my attorney told me we wouldn't get very far with that.


Jade

>My son was never married to his ex, they had a baby together
>(trust me it is his, big ears & all LOL).  He took her to
>court to get court ordered visitation and establish child
>support because she refused visitation.  In the court papers
>filed by her attorney, she did not contest parentage.  A
>paternity test was never ordered or conducted.  He was awarded
>joint custody and child support was established.

The keyword in your statement being that she did NOT contest parentage.  If she had, you better believe that the courts would then order a DNA test to establish paternity.


Jade

>The BM can do whatever she darn well pleases and there is
>absolutely nothing the BF can do about it UNTIL after the
>first visit to court?
>
>If the father has been documenting eveything before they go to
>court can that be used to help him?
>
>He is not paying child support just yet, but he has been
>served papers for that and visitation.  They don't go to court
>until the end of April, which I personally feel is bogus!
>that would make it 3 months that he has to wait and she is
>jerking him around and there is nothing he can do.  That is
>really a shame for the kids involved.
>
>Thanks

Since she is suing the father for child support, she is, in essence, admitting to paternity.  On that basis, I would file an emergency petition to get parenting time enforced.  And if your attorney refuses, then get another one.