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 LawTalk Your Own Question

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
Type Your Family Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

my son is trying to vist his son and the mother wont let him

Resolved Question:

my son is trying to vist his son and the mother wont let him what can he do.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your sons' difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is there an order of custody established already? Is your son married or divorced from the mother of the child? In which state does the child reside?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

no they are not married he pays child support his attorney wanted a jury trial but the judge deined him my son was never able to tell his side

Expert:  Tina replied 1 year ago.
Hello again, Mary.

Did the court deny him any visitation? Do you know why a jury trial was denied? When did this occur? Has his attorney made any suggestions?
Customer: replied 1 year ago.

I am replying

Expert:  Tina replied 1 year ago.
OK thank you.
Customer: replied 1 year ago.

I'm not sure what else

Expert:  Tina replied 1 year ago.
I am going to opt out of your question and open this up for other professionals to get their opinion. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.

My apologies for any inconvenience and Good Luck.
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your son's situation. New expert here. My goal is to provide you with excellent service today.

1. Did the court give him visitation privileges in the court case you spoke of?
2. Did the court either terminate his parental rights or make a finding that he was not the legal father of the child?
3. What state is the child in?

Doug

Customer: replied 1 year ago.


was never, asked had a dna said its is no seneca s.c

Expert:  LawTalk replied 1 year ago.
Good afternoon,

Let me confirm what you are saying.

Your son had a DNA test and it proved that he is not the biological father of this child?


Doug
Customer: replied 1 year ago.


he is biological the father

Expert:  LawTalk replied 1 year ago.
Good afternoon,

Thank you for clarifying that for me.

Your son may, at any time, file a Motion to Modify Custody and seek to be granted visitation with his child. Now, this is not a jury trial that will happen, but just a hearing by the judge.

As your son is the biological father, and presuming the mother was not married to someone else at the time who can claim to be the legal father of the child, then the judge will presumably grant your son visitation rights with his child.

Having said that, I suspect that there is a lot more to this story than what you have shared with us---and with different facts, the legal outcome of a situation changes. Courts don't just tell parents that they cannot have visitation with their children unless the parent is such an extreme danger to the child that the child would be in jeopardy of being physically hurt by the parent if visitation was allowed.

If there are other facts that you think I need to know, then please tell me and I will consider those as well. But based on what you have told me, your son should be able to see his child as soon as he files a Motion for Modification of Custody, and seeks a visitation order from the court.

Doug
Customer: replied 1 year ago.

yes there is more, she told my son he would not have any trouble with him seeing his son. they didn't need to go to court. well I try to tell him does he need a lawyer? he has no money for one

Expert:  LawTalk replied 1 year ago.
Good afternoon,

Well, having an attorney would certainly make things easier for him, but he can do this himself if he wants to try.

Virtually every county has a law library. Your son will want to ask the law librarian to show him where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which he can pick the proper one for his situation (Petition to Modify Child Custody/Visitation). While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist visitors in locating the chapter in the Pleading and Practice book which he will need.

Once he has found the appropriate pleading, he will note that in addition to the sample pleading which contains all of the necessary structure for his Pleading, there may also be suggestions to make his pleading more persuasive. He will need to prepare his pleading in accordance with the suggested format in the book, inserting the facts of your case as he knows them to be. Then all he will need to do is to draft the pleading on a computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.

The court will set a hearing date and he can ask the court for a visitation schedule. Generally what also happens is that the court will suggest that your son and the mother meet with a mediator so that they can work out a visitation schedule. Once the court orders the Modification and approves the visitation schedule, the mother will have to abide by the court ordered visitation schedule.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

Customer: replied 1 year ago.

I saw free don't want to be a member take me off you were a great help but no member thank you

Expert:  LawTalk replied 1 year ago.
Good afternoon,

I will be happy to ask customer service to make sure that you are not charged a membership fee. That is not a problem. You will not have to have a monthly membership if you do not want one.

Would you please be so kind as to highly rate me so that I can be compensated for helping you with this one question. I will make sure that you are not signed up and billed for a monthly membership.

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 8 other Family Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, . It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

I will do as you requested now and ask Customer Service to be certain that you are not charged for a continuing membership.

Thanks again, and have a great weekend.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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