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granny630

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As I previously wrote my daughter was give sole custody of her baby with no visitation by the father. He is in hiding so they cannot serve his papers on them. The Judge now ordered a "Nail and Mail". After the Judge gave my daughter sole custody with no visitation, her lawyer told her that the baby's father has up to a year to "Default"? this. What does this mean and what would this involve. Also his CS is suppose to start in another week and it will be sent through the court. What happens is he doesn't pay it and how long do they wait before they do something about it. She has been up here with us for almost three months now and he hasn't sent one thing for that baby. Only makes phone calls and want to know how he is. I told my daughter not to even tell him anything, but she said if this ends up going to court, she doesn't want to look like the bad person that didn't keep him informed of how his son was doing. My husband and I received a very threatening phone call from him (which happene4d to be recorded on our answering machine). We did report it to the local law and he has since been brought up here and charged. the judge did sign an oder of protection against my husband and i, but not against her and the baby. the threat he made involved all family memebers. Well anyway I guess my two main questions are regarding the "Default" and the "CS"

Thanks.

Granny630
 
Well each CSE and AG office has their own policy on what to do if he does not pay.

The bottom line though is, you cannot squeeze blood from a turnip. If he does not work and you do not get CS payroll deducted, she may not get anything from him.

They can threaten to lock him up, or take away his drivers license, but he might not care.

She had a baby with a big idiot so honestly don't expect much. I am sorry to tell you the same thing over again. Your daughter might have the main responsibility in making sure this child is taken care of.
 
I agree he is a big idiot and i hope that turns out to be the case......he just drops out of her life and the baby's. would be the best thing that could ever happen -- but she will probably have no such luck.

i was wondering if you could ex plain the "default" motion. what it is, what he has to do as far as he would be concerned and what is involved. I am sure once he find out he has no visitation he is going to "default" it as my daughter's lawyer told her he probably will I hope he doesn't, but i am sure he will.

Thanks

Granny630
 
Default meaning, he might have to go without paying for CS for 1 year before they will doing anything. CSE are way too backlogged to chase after every single person, so they need to set a minimum limit on when they will go after someone. He probably won't pay as long as he cannot see the child. I would not want visitation either, and I would not count on any money either from him. I hope she is just not sitting around, waiting for a CS payment because she very likley will not see one.
 
No she has a very good job. she knows not to expect anything much from him.
she can do it without his help, but the CS would come in handy. if he doesn't pay, then we hope he ends up in jail and maybe we won't have to worry about him. his temporary support goes into effect within the next week, but as he won't accept his papers i guess he won't know about it.

The "default" i was talking about is this. When the Judge ordered no visitation, her lawyer told her that he has up to a year to "default" this decision. I was wondering what that meant and if he defaults that decision what this would entail and what he would have to do. the lawyer did say this is when his drug use, criminal record, etc would come into play.

Granny630
 
Default also means somebody refuses to show up in court, or avoids being served. If they are going to wait 1 year before they charge him with default, thats a long time.

The more your daughter pushes him for money, the more of a problem he will be. She is creating some of the problems herself. She knows she probably will not get any money from him so she might as well face the facts. Perhaps he will just disappear. He won't be helping out much with the baby but at least she will not have to worry about visitation with him.
 
custody/visitation

i have a couple more questions..............my daughter just found out that after a month and a half he finally returned to his "last know address" and retrieved all the papers off the door (a "nail and mail" was ordered by the Judge). he doesn't like what he read so now he has hired a lawyer and is taking her to court, so........................

1) Is this when her lawyer needs to sit down with her (before the court date) and go over everything, i.e. his drug abuse, his criminal record, she just told me yesterday that he has a prior institutionalization for going crazy at one time, his death threat against us her parents (for which he has been charged with and has a pending court date for that), etc. Does all this come into play now.

We know that he will get visitation as that is every parents right to have visitation with their child, but she feels it should be supervised because of his past and current problems.

2) she has a temporary support order and his first support payment is to be received the day before the court appearance -- what happens if he doesn't pay it by then (i don't think he will as he now states he no longer has his business -- so i guess he will claim he doesn't have any income now and can't afford support).

3) will the "no visitation" ordered by the judge be null and void after this court date???

4) due to his death threat against us, the judge gave us an Order of Protection and he is not allowed to call or come near us. What happens on the day of Court as we will be going with our daughter and he will be there. He told my daughter -- "ha ha and your parents can't even come with you because there is an Order of Protection and they can't be near me". i believe the order of protection says "he" can't be near us.

You help and advice has been much appreciated.

Thanks

Granny630
 
Custody/Visitation/Court

sorry if this is duplicate but wasn'/t sure if it i sent it right the first time.

i have a couple more questions..............my daughter just found out that after a month and a half he finally returned to his "last know address" and retrieved all the papers off the door (a "nail and mail" was ordered by the Judge). he doesn't like what he read so now he has hired a lawyer and is taking her to court, so........................

1) Is this when her lawyer needs to sit down with her (before the court date) and go over everything, i.e. his drug abuse, his criminal record, she just told me yesterday that he has a prior institutionalization for going crazy at one time, his death threat against us her parents (for which he has been charged with and has a pending court date for that), etc. Does all this come into play now.

We know that he will get visitation as that is every parents right to have visitation with their child, but she feels it should be supervised because of his past and current problems.

2) she has a temporary support order and his first support payment is to be received the day before the court appearance -- what happens if he doesn't pay it by then (i don't think he will as he now states he no longer has his business -- so i guess he will claim he doesn't have any income now and can't afford support).

3) will the "no visitation" ordered by the judge be null and void after this court date???

4) due to his death threat against us, the judge gave us an Order of Protection and he is not allowed to call or come near us. What happens on the day of Court as we will be going with our daughter and he will be there. He told my daughter -- "ha ha and your parents can't even come with you because there is an Order of Protection and they can't be near me". i believe the order of protection says "he" can't be near us.

You help and advice has been much appreciated.

Thanks

Granny630
 
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