My son is the father of a one month old (unmarried), the mother (lives with her mother) of child will only allow him to see his son as long as he stays with her and never allows him to take him any where without her. She refuses to allow him to see me most of the time (I'm the grandma) He has been staying with me..The baby has my son's last name, says he signed papers at hospital but now the baby's mother is telling him he has to get and sign "add the father" form.. ??? Is there such a form, and what does it pertain to?My son wants to make right with support and visitation but does not know how to begin..Can you please assist in direction as far as "father's rights" type people to see. He is 22yrs old she is 21 yrs old. Needless to say, I dont know how to help him. (anymore)There is so much drama surrounding this young women and her family. (she is terribly PHYSICALLY, verbally & emotionally abusive with my son) However many times I've helped him get out of her life and her family's life he allows her back in... Separate issue I realize but now he has a little one to consider. It's not "if" she starts in on the baby, it's a matter of "when". Please help him help them.Respectfully,XXXXX XXXXXner (XXXXX@XXXXXX.XXX)
State/Country relating to question: Michigan
I tried getting him to go to "first step" people but hez too ashamed and dont think anyone will believe him.
I've tried to get him to go down town and file with FOC. Now hez ready.
I've tried getting him a better job, he works for peanuts 10 hrs or more a day and supplies all this girl's needs (6 yrs) now.
He provides all needs for baby as well, food & diapers.. I've offered them both to stay with me (she refuses because she knows I Will not tolerate violence. I've tried recommending her hel
Hello. Thank you for your question.
I don't know what the mother means by an "add the father form", but it has nothing to do with your son's right to share in the custody of his child.
is this only a one way chat?
Because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough in-person consultation with counsel. But that said, there are three scenarios in a custody situation. Scenario A is when the parents can get along, live in the same household (by choice), and share in raising their child together. Scenario B is where the parents can't get along well enough to live in the same household, but they can cooperate in deciding how custody is spent with their child, and they can compromise and agree for the best interests of the child. Scenario C is when the parents can't agree on what is best for the child, and the court must get involved to settle the dispute. This is a "Scenario C" situation.
This is not a one-way chat. It just takes a little time to write things out.
Sorry for the slight delay.
So what would be his first course of action?
We are assuming that he believes it has reached the point where it is necessary to take this to court, correct?
YES that is correct. Is there a fathers right advocate (free) at first he can counsel with?
In which county does he reside?
The access to free counsel will vary depending on the father's county of residence. In which county does he reside?
Take your time answering. When you do answer, I will reply as soon as I become available. There is no rush, so feel free to take your time. Thanks.
I don't feel that we have discussed the law on this matter yet, so I do hope to continue this exchange. Again, there is no rush, but I do wish to let you know that I have significantly more information to convey. Thanks.
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I was answering but the the reply button refused to send... He lives in Wayne Co. Dearborn Mich She is in sama but in Dearborn Hts
are you still there? ,I was answering but the the reply button refused to send... He lives in Wayne Co. Dearborn Mich She is in sama but in Dearborn Hts
I am sorry that you were running into technical problems. The good news is that this format should eliminate the problem, but the bad news is that the response time is slightly slower. Please allow me just a couple of moments to formulate a full response. Thanks.
First, you asked about free assistance. As you can probably imagine, the demand for free legal assistance greatly exceeds the availability of free legal assistance . Finding a free attorney can sometimes be like finding a free auto mechanic, but a lot of people enter the profession to help people and can offer services at a reduced price, or can even do the work for free they are sympathetic to the case. I would refer your son here: http://apps.americanbar.org/legalservices/probono/directory/michigan.htmlThis organization offers a free legal clinic, and they can use their network to see if anyone might be willing to facilitate your son's case on a no-cost or low-cost basis. Getting back to your original question, it is a shame when a parent believes that they call all of the shots, but the fact is that the law does not perceive either parent as having an inherently superior bargaining position with regard to deciding custody of a child. Custody is awarded based on the best interests of the child, and there is a legal presumption that a child's best interests are met when it has significant and meaningful contact with both parents. Significant and meaningful contact does not necessarily mean a 50/50 split, but it means regular and frequent unsupervised contact unless there is an compelling reason to not allow for that contact (for example, if one parent has a history of abusing the child). In that context, when the decision has been made that court action is necessary, the parent interested in getting the custody order would contact the domestic relations/family law division in the county where the child resides and request a "child custody forms packet". The forms packet contains all of the basic forms that may be needed, including a petition to establish custody, a "uniform child custody jurisdiction and enforcement act" (UCCJEA) form, and financial information forms (because the court usually makes a child support determination along with custody). The forms would be completed, filed, served on the other parent, and the case would proceed from there. The parents would have an opportunity to participate in court mediation, and if full resolution can still not be met, a judge experienced in parenting issues would make the final determination on any outstanding matters.
Whether you can handle it yourself without the assistance of legal counsel depends on you. The family courts have gone to great lengths to make themselves more accessible to the public. They have partially succeeded--things are nothing like they were 30 years ago, but the process is not at all intuitive. Handling your own case is like preparing your own income tax returns; some people will always need professional assistance, some people are sophisticated enough to handle their own matter, but the majority of people can stumble through their own issues successfully as long as there is nothing unusually complex about their case. If your funds are low, I would recommend that you nonetheless consult with an attorney for an hour or two to help you organize your initial filings so you can at least start off on the right foot.
Attorney experienced in all aspects of family law
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