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Roger, Attorney
Category: Family Law
Satisfied Customers: 30913
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son has a son who is 3yrs old. The mother lived with him

Customer Question

My son has a son who is 3yrs old. The mother lived with him and was mainly supported by him until about a year ago. He provided the residence and support of the household during this time. They were never married and when she left she stayed with her mother and they worked out between themselves custody/visitation of their son. My son has I feel provided more of the physical visitation than she has. He made more money than she did and he determined how much that she would pay of his daycare and his part. It was fair and reasonable and she was agreeable to it. He also gave her the percentage that he read was usually ruled as child support each month voluntarily. I told him he should not pay her cash, but by check or cashiers check so he would have proof that he was making an effort to pay for the child's support. She then got an apt. Which I think was more than she could afford and she would tell my son that she couldn't pay her electric bill and would ask him for money. He would help her but told her that he already gave her a reasonable amount and that it was up to her to pay her bills. He's trying to be amicable with her but I'm afraid she's not going to keep it that way. She served him papers to appear in court and he has a family lawyer, but after me and my husband read the papers, we told him that the part where it said that she had sole custody or something that sounded like that he should oppose. He was told that this first court appearance was not to determine custody,but it sure sounds like it to me. He is trusting and is trying to be amicable, but I'm worried this girl is going to get sole custody and he will have visitation. And I told him that was not what he needed, that he should serve and opposition to her papers asking that they have 50/50 custody and then the visitation be worked out later. I don't want him getting screwed by this girl. I don't want it to get ugly but when she was living with him, she would go out and party and stay out all nite. He told her he didn't mind if she wanted to stay with her friends but to at least let him know she wasn't coming home. One nite she went out partying when the child was a baby and we didn't know where she was, if she had had a wreck or whatever. I stayed with my grandson, while my son was looking for her, and she showed up about 7am and I asked her where in the world had she been, that we were all worried. She just started crying and went to the back of the house. I don't want things to get ugly, but I want my son to not get the wrong advice on this first court summons. He's a good father, has been a responsible and good daddy since he found out they were having a baby. Any tips for him to know before he makes this first appearance to her summons to court?
Submitted: 6 months ago.
Category: Family Law
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'm a lawyer in Mississippi. If the mother is seeking custody of the child, and he wants custody of any kind, your son should hire a lawyer to represent him.
Expert:  Roger replied 6 months ago.
IF there's a court date set already, it sounds like the mother is requesting an emergency temporary hearing to set custody on a temporary basis until a final and formal hearing can be had.
Expert:  Roger replied 6 months ago.
At the very least, your son should have a local lawyer review the paperwork and give him guidance and a good understanding of what she's after.
Expert:  Roger replied 6 months ago.
Also, if he wants any type of custody, he definitely should respond to her petition, ask the court for joint custody, and claim that it is in the best interest of the child for him to have joint custody with his child.
Expert:  Roger replied 6 months ago.
Please let me know if you need anything further. Also, please take time to positively rare our conversation so I may receive credit for assisting. Thanks again!

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