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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29967
Experience:  Attorney with experience in family law.
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Me and my husband separated in January 2014. We had a 4 month

Customer Question

Me and my husband separated in January 2014. We had a 4 month old at the time. He has never provided any support and barely has seen her. We had a temporary custody hearing, where I was poorly misrepresented. He now can take her every other weekend. He has provided no proof of his address, except writing it down on a piece a paper, I don't know what kind of living conditions she will be in or if she would be taken care of. I have been working two jobs to support us and I work every other weekend. It will be impossible for me to meet him 2 1/2 hours away every other weekend due to my job. If I meet him on my weekends off, I get no time to spend with my child. It could also be said that I spend no time with my child because of my jobs and he could possibly get custody due to this. He barely knows my child. He abandoned us and has given us no support!! Please, please, will someone help me and tell me what I can do?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You mentioned a few times that your husband has not paid support, but support and visitation are separate issues. Have you ever requested support? If so, what happened?
Customer: replied 2 years ago.
I have requested support from him and was told by him that he wasn't going to give me any. In court, he was ordered to pay, but I don't know when that is coming. My main concern is the visitations. They want me to hand my baby over to him and there is nothing that I can do about it because I have to follow the temporary court order.
Expert:  Lucy, Esq. replied 2 years ago.
Thank you.
The only way to avoid handing your children over to them, I'm sorry to say, is to get the order vacated before the first visit. Otherwise, you're in contempt of court. If you didn't get a chance to present all of your evidence because your lawyer dropped the ball, see if your lawyer will file a Motion for Relief from Judgment (at NO COST to you). The judge can only base his decision on the information in front of him and if you didn't provide that information, he doesn't know that his decision is wrong.
You can also file the motion yourself, asking for relief from the order based on Mistake or Excusable Neglect. And you can file a Motion to Stay along with it, explaining to the judge why it is not in the children's best interests to go with their father and why the order should be stayed. If you're not comfortable using the same lawyer who messed up the case, you can hire another lawyer to help with the motions (and consider filing a malpractice suit against the first lawyer for the costs).
As far as support goes, if he doesn't start paying, he's in contempt of court and you can ask the judge to impose fines and interest, payable to you. For repeated failure to pay after an order is entered, the judge can suspend his right to visitation, suspend his driver's license, cancel his ability to get or renew a passport, and even put him in jail.
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