Father that Needs Help

[lhardie]

Hello

My Name is ------. I am writing you this letter because I am a distressed father in need of help. I know your time is valuable so I will be Quick and to the point.

About a year and a half ago I researched and filed a petition against the mother of my child because she would not let me see my daughter. For the first six months she denied I was the father of our daughter until the courts forced her to take a paternity test. The reason why she was so reluctant to take the test was because she was married at the time she had the affair and got pregnant.

I retained a lawyer and for about a year I did not receive a bill. During this time child support and daycare was set.

Because of my inexperience I racked up 3000 dollars of attorney fees, and when I really needed my attorney she dropped me as her client because I could not pay the amount all at once. I also feel that my inexperience allowed the mother of my child to get away with a lot of outrageous thing because my attorney was not working in my favor.

Now I have no attorney, I can't afford one and the mother of my child is refusing to let me see my daughter because I fell behind in child support. My daughter's child support comes straight out of my check but recently there was an increase in support and my job has not implemented it yet. So because I have not paid this back child support she feels it is ok to keep my child from me.

The reason I am writing you is because I know that you are and professor and you are up to date with family case law. I would like to know if you could help me in any way. What ever help you give me would be greatly appreciated. My daughter and I THANK YOU for taking the time to read this.

Sincerely,

[Kent]

First off, child support and your court ordered parenting time have nothing to do with each other.
The mother cannnot keep the child from you because you do not pay (or do not pay the correct amount of) child support.

You can go to the courthouse, and ask the clerk of court to help you find the forms you need to fill out to file contempt charges against her.
However, you would need to do this Pro Se, and doing so requires a certain degree of experience in family law.

If you do not have that, you need to find a way to retain an attorney.
Call around, and be up front that you will need a payment plan.

Also keep in mind that $ 3,000.00 is nothing. I have spent over $ 100k, and expect to be in court again within 2 years.

You need to document the refusal.
First off, you write a letter to the mother in which you state your intent to excercise your parenting time. Send this letter certified with return receipt.
Be sure to write in this letter the dates, times, and places for your parenting time, as laid out in the court order.
Then you get a close friend to come with you to the point of exchange, with a camcorder rolling. Record her refusal. Do this on 3 consecutive times. Make sure the recording shows the date, i.e. by showing that day's newspaper.

After 3 or more refusals you have proof of an established pattern, and grounds to take her to court. With that kind of documentation you can go Pro Se.

As you can see, all of this is very inexpensive, you can do most of it yourself.

Good luck!

Kent!

[reagantrooper]

Go to the exchange point at the prescribed time with your court order in hand wait for a certain amount of time 20 - 30 min when she does not show call the cops. They may or may not take any action but they have to respond to your call. They may tell you they cannot do anything for you, does'nt matter call ayway everytime. Make sure you get the officers info. Never miss being there at the correct time.

If you have phone contact with your child call every time at the prescribed time and document it, call with your cell phone and wait for the voice mail to answer this will create a record of your call.

Educate yourself, your town libary has all the books you need use them, go to the court house and watch other procedings this will give you an idea of how your court works. Read this forum daily, use Socs board he WILL help you if YOU listen ti him. You dont need to be a Fing lawer to fight for your god given rights and fight you must.

Document EVERYTHING ALL THE TIME!!! This means dates, times, location, details, reciepts go buy a pack of gum and get a reciept. Dont ever say its not important everything matters, write everything down as it happens.