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LADY LAWYER : So sorry this has happened to your son and your family. Sounds like the work of an over-zealous prosecutor.
LADY LAWYER : Your son simply needs to file a Petition for Custody, asking the court to grant him rights to see the child but also requesting in the petition that a paternity test be done.
LADY LAWYER : Your son can use the NC Custody Packet here: http://ww2.legalaidnc.org/Downloads/CustodyClinic/CustodyPacket-NonParent.pdf
LADY LAWYER : Now, please note that if he does this, it is likely that the mother will countersue for child support. She can always do that anyway so he should not be deterred from filing for custody if he wants to make sure the child is his and see the child, but I did just want you to be aware that this usually will happen.
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Cost of this would be an issue for him, as he cannot find work with the charges against him. Would this be a long drawed (costly) out process for him. Of course he would have some family support.
LADY LAWYER : There is a filing fee for the petition, but since he can do everything himself without an attorney, no, it would not be costly at all. If you tell me the county you are in, I can look up the filing fee for you.
Henderson county NC
LADY LAWYER : Thanks. I will do that now...
If the child is not his, would he have any legal rights as to the charges against him?
LADY LAWYER : Looks like the cost would be between $50-$60 but Henderson also lets a person file for indigent status if they are not working or low income. He can just check the box for that on the petition I sent you.
LADY LAWYER : No, because it wasnt about the birth of the child but about the fact he had sex with a minor.
Great. That is much less than I expected.
LADY LAWYER : Now, if the only evidence they have that he had sex with a minor was the birth of "his" child, then he may have something to go on.
LADY LAWYER : Did he ever admit that he had sex with this girl? Did her parents turn him in? How did the state get involved?
To keep form risking a long prision sentence, he pleaded guilty and only recived 90 days and 30 months probation. I guess that is where it will stand.
LADY LAWYER : Gosh, so sorry to hear that happened to him. We live in a messed up world.
Everyones kid is a good kid, but he really is. Yes, he admitted to having sex with the girl. He just made a bad mistake. the girl was the one that pursued the sex and he thougt being honest was the best thing. I told him not always in the eyes of the judisical system.
LADY LAWYER : So true.
I will give him the information you provided and he will likely go with the custody petition. I thank you very much for your time and assistance.
LADY LAWYER : I would suggest that eventually, he apply for a pardon and hopefully, he can get this wiped from his record. May not be for another 10 years or so, but better than having it on there forever,
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Very true. Its so sad that all sex offender cases are lumped into one catigory. Thanks again
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