Being taken to court for custody

[Erica1]

Being taken to court fro custody

I was given papers this week to attend court for custody.

I have two children and the father has been gone for over a month. How ironic that he would take me to court.

My problem is I have tried to seek legal aid and am being told I make to much money. I only made last year 23,000. I have one child in daycare and my parents pay for that because I have no money.
He has sent me in total maybe 6 checks throughout these past few years and in the amount of $200 to $300 for an entire month. He has no clue what it is like for me.
How is it that I make to much. Wouldn't they need to see my expenses before saying I make to much?
He is now unemployed, so now when I file for child support, what happens? Does he not pay?
Please help, my court date is April 22nd.
Thank you.

 

[Michael Wechsler]

From what you are writing, are you also telling us that the father owes you in back support as well?

 

[Erica1]

Response to Michael

We have never entered court I was trying to avoid it, since he continues to enter the kids life and then leave. I hoped he would drift away permenantly. He was sending money as he felt like it.

Then this past weekend he called out of the blue after being away for over a month. He asked to speak with my eldest son who is only 2 1/2 and when I said I felt it was inapproriate because of the fact that he cannot continue coming and going, he then said o.k. hung up and come this past Monday, he shows up at my grandmother's and hands ME court papers.

I was planning on taking him, but he happened to do it first.

He has not helped me my family & friends give me the help I need.

 

[Erica1]

I need help

My first question concerns COST. How much does it cost for a consultation regarding visitation? How much to have a lawyer accompany me to court the first day?

Second, can I ask that he does not have any other women around my children? I do not have any men other than there uncles and grandfathers around our kids. Please keep in mind that he dates numerous amounts of women.

Next and final question, who's schedule due the courts respect? Because he has requested to see them once a week and every other Saturday? I work some Saturdays and at other times am on call. If it is better for me to have him get them on Sundays will the courts work with me????

Thank you, need help desperatly.

 

[jmacgregor]

Is the father of any kind of threat to the children? If so, an order of restraint can be obtained from your local law enforcement agency. If you choose this option, I strongly recommend that you are 100% in the right. If you try to make stuff up to fit your need it can quickly backfire and work against you.

On the issue of money:
There are usually a number of agencies that will support your cause if adequately justified. Your first step should be to create a budget based on how much it costs YOU (not you and your parents) to support two children. Take this budget to the Dept. of Social Services (DSS). Based on your income of $23k, they should be able to help you a good bit. If not, they can direct you to the right people in your community. Also, if you do make an appointment with DSS, it's recorded and can later be used in court to suggest that you made an attempt to rid yourself of this burden
Unfortunately your case is not uncommon. Fortunately, there are many people out there that can recognize your problems and can help accordingly.

Good luck!