How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask AlexiaEsq. Your Own Question

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11694
Experience:  19+ Years of Legal Practice in Family law matters.
Type Your Family Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

my husband has a child with another woman. she has let her

Customer Question

my husband has a child with another woman. she has let her parents raise their daughter because she cant. now she wont even let him talk to her on the phone or see her because he doesnt pay child support currently. he just got a new job and tried to put her on his medical and she wont allow it...how do we get help
Submitted: 5 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 5 years ago.

Dear BMBR,

 

Thank you for your question and I look forward to working on your answer. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, in order to better assist you, could you please clarify for me:

 

1. Is there a current custody / visitation order from any court and if so, which one?

 

I look forward to getting to work on this for you. Hang in there!

 

Sincerely,

 

Stephanie O. Joy, JA Legal Expert

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

Customer: replied 5 years ago.
No custody has never been established in court, there is acourt order for child support. However his daughter is living and bein raised by her grandparents her mom comes around once or twice a week. I dont know what they have done in Georgia for custody but him and her have never been to court for custody
Expert:  AlexiaEsq. replied 5 years ago.

Dear BMBR,

 

He needs to file a Motion/Petition for custody in the court in GA, if custody of his child is what he wants -- as apparently there has not been one, and the grandparents have just taken over since the mother wasn't doing so and apparently dad wasn't around. If the child has been with the grandparents for 4 years and this is the first time he has sought custody, he may look a little remiss, for not seeing fit to try to have his daughter with him when mom fell down on the job, but the courts will certainly grant him visitation on the off chance he can't win custody, of his own child (unless he is a danger and it would not be in the child's best interest). Also, if he JUST found out that mom hasn't been doign the caretaking because she has hid it from him, and he has been trying to amicable get her to come around, and now realizes that she won't and he needs the courts assistance, that may work. He needs to put together all the very good reasons why the child should be in CA with him, why it is in her best interests. Clearly, mom's lack of taking care of her own child should be a strong point, plus your absolute acceptance of this child despite the fact that she isn't yours, and how wonderful a father your husband would be, etc., etc., the fact that he has gainful employment, a stable home, a nice neighborhood for the child, nice safe home, if there are any extended family near you, that is good to, since she will be losing her grandparents' proximity if she moves. PLus, a willingness to facilitate visitation with the mom, which the mom has clearly been unable or unwilling to do, which courts don't like. Check out the school where the child will be attending if she can come live with you, and make sure it is considered good, as well as any pre-school - show how much you will be promoting her best life ahead of her, etc. etc. I do recommend you buck it up and pay for an attorney in GA to handle this, because it can be tricky, and you need to win it first time around. The father's distance in CA will make defending this action difficult from afar and an attorney can be of great help.

 

I do not see that the dad should not have custody of his own child, since mom isn't doing it, regardless of grandmom. If you can also get the proof of all he has tried to send her, clothes,e tc., and how they have been rejected, get it. Or, when you mail it now, make sure to do it all with tracking and prove they either get it or reject it. Also, get your phone bills together proving all the regular and consistent attempts he has made and how they refuse to let the child have a relationship with their daughter.

 

He needs to get his proofs together of his lay off and show he is now paying. He needs to send those checks and send them certified rrr to prove he sent them. The mother is not permitted to deny visitation based on missed child support payments.

 

 

Hope this helps to clarify.


I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!

Sincerely,

 

Stephanie Joy

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney