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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21877
Experience:  General practice of law with emphasis in family law.
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I am a single mother of a child who was born with a heart defect.she

Resolved Question:

I am a single mother of a child who was born with a heart defect.she is 15 months now and I just received notice that her father wants visitation / custody. He has never taken care of her and doesnt have the skills need to take care of a child with her heart condition. Can you tell me what I should do?


Thank you

Pauliana
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

What do you mean you received Notice? You have his Petition ? Is it for visits or 50/50 split?

Customer:

Hi !!

Customer:

I received a letter from the court that he wants visitation/custody

Customer:

since my daughter was born she has been in my custody

Customer:

I believe that the only reason he wants custody is because I filed for child support against him in June 2011 and he only started paying in Nov 2011,the money is taken from his employer directly

Customer:

court date is May 7th

Customer:

Samuel are you there?

Samuel-II :

Yes

Samuel-II :

I see.

Samuel-II :

I suggest you need to go to court and and show cause as to why he should not outright have visitations that are not supervised

Samuel-II :

You can show that this attempt is in direct correlation with your filing of child support

Samuel-II :

which would mean that the only reason he is now filing is because he does not want to pay

Samuel-II :

And that, of course, is not in the best interest of the child

Samuel-II :

And also you want to get the medical records

Samuel-II :

showing the heart defect and a note from the docotr

Samuel-II :

Stating that such special care needs to be given it would not be in the child's best interest

Samuel-II :

at this time.

Customer:

Yes I have all her medical records and the doctors and I have a great relationship and know he has never been involved in her care

Customer:

Can I apply for sole custody of my daughter?

Samuel-II :

Yes. You surely can apply for sole custody

Samuel-II :

You want to show the court your are not out to stop a relationship

Samuel-II :

with the bio Father, but due to the nature of the health, it needs to start out with supervised visits

Customer:

is that easy or would I have to prove many things against him

Customer:

I have always told my daughters father that he can come to my house and see her when ever he would like,but he stopped coming since Dec 30 exactly 3 months

Samuel-II :

At this time, you only need to show that

Samuel-II :

he has not been around her, and that her medical attention is such that he should not have her away from the home unsupervised

Samuel-II :

and that it seems he only now wants visits because you have filed for financial support for your daughter who has medical issues

Customer:

Can I file sole custody or wait till after the court date in may

Samuel-II :

You can file now.

Samuel-II :

And have him served

Customer:

Really!!! where do I get the paper work for that?

Samuel-II :

And you can tell the court you have filed for sole custody but offer a visitation schedule

Samuel-II :

You can get it from the clerk of the court or you will need to have a local lawyer do it for you

Samuel-II :

Tell the clerk you want to file for sole custody. State that there is a pending case

Samuel-II :

and get the forms

Samuel-II :

Tell the clerk you are pro se, without an attorney

Customer:

also I would like to change her last name, how would I go about that?

Samuel-II :

Well, that is a Name Change Petition and another court process. You can get those documents from the clerk, too

Samuel-II :

But I suggest you not bring that up while you are trying to get custody

Samuel-II :

You dont want a court to think you are not going to allow a relationship with the bio Father

Samuel-II :

If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you


 

Customer:

Thank you for your time

Samuel-II :

You're welcome.


If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you


 

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21877
Experience: General practice of law with emphasis in family law.
Samuel II and 5 other Family Law Specialists are ready to help you

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