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This person is working 12 he daily shifts, is not paying…

This person is working...

This person is working 12 he daily shifts, is not paying anything for his son which is not court ordered yet, does not see visit or take his son...but is also on probation which I have proof, what should I do? Go to court for child support first, or put him back in jail? I'm also filing for full custody..help

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet

Lawyer's Assistant: Family law varies by state. What state are you in?

Pa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ty

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Answered in 2 minutes by:
3/15/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,172
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
I will wait...
Customer reply replied 1 month ago
Also if I do report him is it confidential?

Ok, so this is a bit of a tough question; however, it may make more sense to go through the route of asking the court to have the person pay their child support. The reason is because if he goes back to jail, he'll likely lose his job and all sources of income. This means if you take him to court after the fact for child support, the court won't be able to do anything other than impute maybe minimum wage or they will halt all orders of child support until his criminal issue is resolved, which could be months. The court will probably tell him that he will owe all of the arrears once he gets out, but that is under the assumption that he even finds a job where he could pay back the money at all.

If you do report him, you can keep it confidential as well.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Ok if I do put him in jail first, or his P.O. finds out without me reporting him first, once he is out and order to back pay once he does get a job, does he have a time period to find a job? And if he does work and does not payback the money being he was in jail twice, will they put him back in jail? Also, if I first do take him to court for child support, can it be court ordered to be taken right out of his ck? And either way, if court ordered and does pay, or is in jail or because he's been in jail and never sees his son can I file for full custody?? And if the grandparents want to visit him or keep him overnight, the father lives with them, can I legally have supervised visitation and at my home?

To answer your first question, yes, they will probably give him a time period to find a job; however, its up to the court to determine how long that is the case.

If he does work and doesn't pay back the money, they will likely put him back in jail.

You can also file for full custody at any time, particularly if he is in jail.

If the grandparents want to visit him or keep him overnight, you can have supervised visitation; however, you must get the court's authority to do that.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
My apologies another question, if I cannot afford an attorney and he can, can I get a court appointed attorney for both child support, and full custody..my baby was born nov.4th 2018 not a dime, visited him 3 times...he since bought a quad and dting in bars every weekend, but doesn't see nor pay a dime, both the quad and drinking are in violation of his parole
Customer reply replied 1 month ago
Can the visitation be court ordered to be at my home, and also not overnight in there home?

No need to apologize. The court only provides an attorney in criminal cases, but most people go to family court without an attorney. Visitation can be court ordered at your home if it is in the best interests of the child.

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Customer reply replied 1 month ago
if his PO catches him first, do I still get court order for child support and full custody while he is in jail and to payback once out and gets job?
Customer reply replied 1 month ago
If the grandparents take me to court for regular visitation without supervision, overnight where he lives, or tries to get full custody of my child how likely would they be able to possible get my son...i work part time at the same job I had over 6 yrs and am going to school to go from nurses aide to RN and am doing very well, I live with my Dad and grandma who help me, plus both sons go to daycare 3xs a week

You can still request child support and custody regardless of whether he's in jail, but it's more likely to get child support if he's out of jail. The grandparents have no rights to the child. They could file for guardianship over the child, but they would have to convince the court it's in the best interests of the child for them to have some level of guardianship. It'd be up to the court, but it's also up to the grandparents to try to decide to do something like that.

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Customer reply replied 1 month ago
His parents will pay for an attorney even at family court order, so should I get an attorney as well?

A family law attorney could certainly help, but don't believe that it's required.

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Customer reply replied 1 month ago
If I went for full custody, there is no doubt in my mind that they will fight me for the father and THEMSELVES, they got full custody of one of there grandchildren that again there other sin never sees, and they won because the mother was a drug addict left him alone, but they won't allow his own mother to see him even in there home!! I am definitely a fit parent 150%...but scared to death because somehow they get the best attorneys, that grandchild father there son he to was in jail, they paid for his BAIL but his hearing is coming up...now they got full custody of his son that he pays nothing ,doesn't see him and was in jail twice yet got full custody with all rights stripped of the mother and grandmother, she was never in jail...

I can understand your concern; however, your situation is probably going to be different than for the other son. If you're in the child's life, and can show that they don't need another guardian, I haven't seen the courts give the grandparents the rights to the children.

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Customer reply replied 1 month ago
Omg ty so much for all your help and putting my mind at ease, I love both my son's to death and am going to school to give them a better life, my first child's father pays support no problem visits him, we are adult with each other he is very smart, finishing a 3rd college graduate and will be moving, but will remain paying child support without a problem...ty ty ty!!

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Customer reply replied 1 month ago
Ok ty I will 5 stars and favorite you thank you again

Thanks so much!!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,172
Experience: Licensed to practice before state and federal court
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