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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35872
Experience:  Attorney with 16 years experience
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My son and his wife are divorced and their child turns 1 tomorrow

Customer Question

My son and his wife are divorced and their child turns 1 tomorrow he has a liver disease and has applied for disability. He is not allowed to see the child what can we do we really cannot hire a attorney
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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When they divorced, was there any type of custodial/visitation order put in place by the judge?
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If so, was son awarded any custodial time with the child?
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If not, why not?
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thanks
Barrister
Customer: replied 1 year ago.
Yes he was awarded every other Saturday and Sunday for three hours each day due to the baby being young
Expert:  Barrister replied 1 year ago.
Ok, if she is violating the custody order by not allowing son to see the child, then his recourse is to file a "motion for contempt" in the court that ordered the custody schedule and force the mother to appear in court and explain her willful disobedience to the judge's order.
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He doesn't' need an attorney to file the motion and the family court clerk should have a standard template that he can use to file the motion.
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The judge can penalize the mother for her violation by increasing son't time with the child to make up for it.
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thanks
Barrister

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