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Do I have rights, what do i do?

Started by kshanks, Sep 21, 2006, 10:45:21 AM

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kshanks

Codi and I had been dating approx. A year when we discovered she was pregnant. I was involved throughout the entire pregnancy and was there when my daughter, Enchantress, was born, all the while living together. Codi and I continued living together for about 6 months after her birth, but upon separating I was denied any visitation or contact with my infant daughter. I offered money to support our daughter's needs and it was accepted on numerous occasions. I kept receipts with Codi's signature for verification. I also visited a lawyer and made an attempt at a parenting plan, keeping all paperwork for my records, including a restraining order denying codi from leaving the area with our daughter. But nothing was ever finalized between our lawyers concerning the parenting plan. Codi handwrote an agreed parenting plan and child support amount, which we both signed and had notarized. At approximately, Enchantress's one year birthday they disappeared from the area, leaving no forwarding address or contact information. Around 2 years later Codi and I ran into eachother while out downtown and she expressed that she wanted me to be a part of Enchantress's life. We exchanged numbers and after a few phone calls met up at Finnegans Restaurant. Codi and I agreed to meet with her and I and Enchantress, to ease Enchantress into the idea. Our second meeting was at Sizzler and I brought my wife and other daughter, then 1 to meet her big sister. We met a few other times, always in public places. To my wife and I, things always seemed to go smoothly. The 3 of us had even discussed meeting with a lawyer and building a parenting plan together. On one occasion we took her to Wal-Mart and bought her hair things. But suddenly, Codi had a change of mind, she began denying me to see Enchantress, again. I tried her number several times and she had seemed to disappear. Several friends quoted seeing her around so I knew she was still in the area. Around a year later, my family and I relocated to El Paso, Texas. We have since received child support papers twice, due to the fact I was in Basic Training when the first set of papers were issued. The first set was dismissed because I was out of contact. I received the second set, which I returned with any former papers I had between Codi and myself. ie: proposed parenting plan, restraining order, notarized parenting plan and child support agreement, logged phone conversations, receipts for things I bought for my daughter

Do I have a chance? If so, where do I start?

mistoffolees

Yes, you have rights. Your first step is to see a good lawyer. NOW. As more time elapses, you won't lose your rights, but you may find that you get less and less time with the baby.

If you are given legal papers (from the court) saying that you owe child support, start paying it immediately. While failure to pay child support is not grounds for denying visition, you want to show that you're proactively working for the child's welfare.

I would also suggest discussing what you really want with your attorney. It sounds like you have a stable life now and may be able to demonstrate a solid, stable, healthy home for the child. It's hard to say from your post, but can your exGF say the same thing? Are you looking for full custody, joint custody, or visitation? Your decision may influence how your attorney responds.

Good luck.

kshanks

I am looking to get anything I can... I just want the opportunity to be in her life, something my ex has obviously not allowed me. My wife, and our friends and I all agree she does not provide a stable home. She moves around a lot, purposely, as she makes it clear I am merely the donor. I wish for my daughter to know she has younger siblings and that I do love her.


mistoffolees

I'm obviously not able to offer legal advice (mostly because I don't know enough). But your first step is to see an attorney and see about an expedited hearing. You might also go to the Socrateaser board since he IS a legal expert and may be able to offer some guidance.

And don't give up hope. Good luck.

kshanks

I called the courts this morning and things just continue getting more complicated. The good thing is the case is still open. The bad part is my former lawyer is still assigned to the case...

I tried the listed phone number for her and it is disconnected. After some research, it turns out she skipped the area with her last client's money.

I need to figure out how to get another lawyer assigned to pick the case up again.

gipsy

I am Not An Atty But I specifically remmember ,
   My atty say's you have to file  for a parenting plan with the court , And have her legally served ,
    If She Balks [wash state ] You will file a motion to appoint a Guardian ad Litem ,
   The GAL will make a report to the court after Investigation of why she balks and the He said she said "
   If you are all just normal people Absent some serious Issue that prohibits you from Raisning the child the court will , [Upon the Guardian ad Litemes Report and recomendation to the court ],  order her to follow the visitation plan , And due the move away already She may be considered A danger to move away wich could change things for your favor , I would save all documents and show them to your atty , Write out the story with copies of the Agreement and how it all changed and she dissapeared .
That way when you get to an atty you can just give him a copy , I would interview several . And get one that just talks like a normal Human , Or At least see if a couple seem to make  a similar plan ,
   YES You Have rights , I had a similar situation , And The GAL reported to the court that I am a fit parent and My son Should be afforded a Dad ,
   And that was that , But with out the courts process all i Got was BS ,
   Matter of fact , My atty Heard her atty tell her Over the phone while in the atty's waiting area , This <
   " He has visitation ordered By the Judge "Then My Atty Heard Her atty say , "Do You prefer Grey or orange ,'" Meaning the color of coveralls you get in Jail >!!
   Mainly your option right now Is get an atty that Makes sense and doesnt tell A Big story , He should say something Like ,
   " We have to file with the court and Have her served and ordered to show up and tell the judge Why there should not be a parenting plan" ,
   
  But after that I don't think the atty could percieve what would really happen from there on Out , You can't Predict , She may agree At court or go psycho
   I caN pretty much garuntee that As Long as you are A Basicly normal Person . You WILL HAVE VISITATion Ordered , It's Just what she pulls in the interim , And this Will be a process that can take as long as a year ,