Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your son's situation.
Is there an existing child custody order in place? If so, what does it say? Did they go to court to get the support order or set it up through the state?
If there's an order, she doesn't get to refuse. That's the entire purpose of the order. And child support guidelines start with the presumption that the non-custodial parent is taking the child overnight at least sometimes - usually on alternating weekends and a day or two during the week. Support doesn't get lowered unless the non-custodial parent moves to having the child closer to half the time. On top of that, "I don't want to lose child support" isn't a valid reason for denying a parent time with their child. There's a whole list of factors, and none of them are about the custodial parent's finances.
Phone calls are offered by the site. There is no obligation to accept.
The courts have forms online that he can use to establish a parenting plan. He does not need a lawyer.
The fact that her reasons for denying visitation are 100% selfish will actually count in your son's favor if he has to go to court to get visitation.
Once he gets an order, if she still says no, he can ask police to accompany him to her house to facilitate the exchange. He can file contempt of court charges. And if it continues long enough, he can use her refusal to be reasonable as a reason that he should be the custodial parent instead of her.
He should save that text, because the judge will want to see it. Judges don't really like it when people use their children as a means of extortion rather than a human being.
She doesn't OWN the child. It took two to create him. And both parents have rights. He just needs to go to court to exercise his.
There is a fee for telephone calls on top of the $38 you have already agreed to pay for this conversation.
Then I'm afraid I cannot assist you. Experts only get paid when customers pay for questions. Please contact customer service.
Have a good day.