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

what can he do....
my son is trying to vist his son and the mother wont let him what can he do.
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Answered in 1 minute by:
6/28/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

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.

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Customer reply replied 4 years 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

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?
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Customer reply replied 4 years ago

I am replying

OK thank you.
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Customer reply replied 4 years ago

I'm not sure what else

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.
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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified

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

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Customer reply replied 4 years ago


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

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
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Customer reply replied 4 years ago


he is biological the father

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
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Customer reply replied 4 years 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

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

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Customer reply replied 4 years ago

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

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
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
LawTalk and 87 other Family Law Specialists are ready to help you
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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.
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LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

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