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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21716
Experience:  General practice of law with emphasis in family law.
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Custodial parent needing advise: Non-custodial parent (father)

Resolved Question:

Custodial parent needing advise: Non-custodial parent (father) has sought patitioned the court for visitation and I need to know what I need to do. I have never denied him the right to visitation with his daughter.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hi

Please tell me is there a Court Order now for custody/visits?

What is the reason for the Change request?
Customer: replied 1 year ago.


No


 

Customer: replied 1 year ago.


no

Customer: replied 1 year ago.


Sorry! Trying to figure out how is setup is working.

Expert:  Samuel II replied 1 year ago.
Hi

If there is no Order in place what is the reason the Father wants custody? Also is he on the birth certificate
Customer: replied 1 year ago.


He is not seeking custody that I knopw of but for court ordered visitation and I'm concerned his wife is the one pushing all the buttons to get my daughter.


 


He is not on birth certificate by his choice not mine.

Expert:  Samuel II replied 1 year ago.
Hi

Thank you for the information

If he is not on the birth certificate, then he has no standing to file. He first needs to have a Paternity test. But once he gets the testing and should he file, you can use the fact that he was not on the birth cert by his choice, that you have never denied him visits and you are all willing to continue with the Visits as planned.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.
Customer: replied 1 year ago.


Paterniy has already been determined and he pays child support. He just went to court to reduce support but was denied. It is not about money even thou I do not have much. I guess I should ask do I need to have an attorney with me in court? Court date is 09/20/2012

Expert:  Samuel II replied 1 year ago.
Hi

I see.

Alright. Well, you can use the fact that he has tried to reduce the Child Support as a reason he wants more visits. And that it is not in the Best Interest of the child.

These things can become complicated and so it never hurts to consult with a local attorney and see if they are able to there with you. Your Response/Answer to his Petition will need to spell out all the reasons why he should not have more visits. But you are willing to keep things status quo

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.
Customer: replied 1 year ago.


My concerns are that he calls to setup time to come see her but never shows up half the time, plus he doesn't keep in contact with her on a regular basis. I don't believe my daughter should sit with her bag packed all weekend just to have him not show. She cried and wanted to know what she did wrong. I'm not one to say bad things about others and this is her father so it was hard to explain what happened.

Expert:  Samuel II replied 1 year ago.
Hi

That is unfortunate and sad for your daughter. I suggest, you do your best to recall the dates that this has happened and make an organized journal to present to the Court.

Also, if there are any witnesses who know this "first hand" see if you can get them to testify on your behalf as to your daughter waiting for his arrival only to be a no show.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.
Customer: replied 1 year ago.


At this time I'm in a long-term relationship with someone who would like to adopt her. Would this be a good time to bring up in court? This person has been in her life since she was born and has help support her as well.

Expert:  Samuel II replied 1 year ago.
Hi

Well, if this is all about the Bio Father not wanting to pay child support, you could tell him your friend is willing to adopt. However, if you are not "Married" a court may find it hard to allow the adoption.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.
Customer: replied 1 year ago.

Would it make a differences if this person is my ex-husband of 19 years and we have 2 older sons together?

Expert:  Samuel II replied 1 year ago.
Hi

It could, yes. If you two are back together have good family unit and he is not just a "fly by night" boyfriend - yes. That is could information that would work to your benefit.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.
Customer: replied 1 year ago.


Is it possible for her father to sign over his rights without having someone else to adopt?

Expert:  Samuel II replied 1 year ago.
Hi

No. That would never happen. Courts need someone else to pick up the financial responsibility legally

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21716
Experience: General practice of law with emphasis in family law.
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