Child Custody help!!

[Dianamarie1013]

I have been divorced from my exwife for a year now. My exwife won full physical and legal custody over a year ago of our daughter. I've been recently trying to catch up on child support and alimony. I have requested through email numerous times to visit my daughter and she won't respond back. Do I have any rights here? Where should I go? I can't really afford a lawyer cause of the support, but I want to see my daughter, and want to know if I would even have a chance representing myself again against her and her lawyer to gain custody. I feel like I have e every right as a father to see my daughter as she does, but because I didn't have a lawyer at the time, I believe the judge just overlooked me. Please help.

 

[Proserpina]

(that's an awfully unusual name for a guy...)

Is there a visitation order in place? If not, you need to file where Mom & daughter live immediately.

Out of interest, WHY did your ex get full legal custody? That is highly unusual.

Why has it taken you so long to pursue?

 

[army judge]

I have been divorced from my exwife for a year now. My exwife won full physical and legal custody over a year ago of our daughter. I've been recently trying to catch up on child support and alimony. I have requested through email numerous times to visit my daughter and she won't respond back. Do I have any rights here? Where should I go? I can't really afford a lawyer cause of the support, but I want to see my daughter, and want to know if I would even have a chance representing myself again against her and her lawyer to gain custody. I feel like I have e every right as a father to see my daughter as she does, but because I didn't have a lawyer at the time, I believe the judge just overlooked me. Please help.

Your predicament is most regrettable.

You are legally entitled to see your daughter, notwithstanding child support.

But, (there is always a but), being behind in support could mean you are subject to arrest and confinement.

I don't know how much you are in arrears.

You need to pay the arrearage or seek a payment arrangement to bring you current.

I wouldn't recommend doing this pro se, again.

You are most assuredly entitled to represent yourself.

That hasn't worked out well, so far, has it?

It won't work well the next time, either.

First off, STOP trying to contact your ex-wife by email.

Peppering her email inbox could be perceived as annoying or harassing her.

The best way to fix this is through the court.

Hire a lawyer to arrange for paying your arrearages.

Ask the lawyer to assist you with obtaining specified, court ordered visitation.


You need a lawyer.

You are in some deep legal jeopardy here.


Virgina even has a most wanted page for child support deadbeats.


http://www.dss.virginia.gov/family/dcse/2008_most_wanted/index.html

All states also have criminal statutes on the books to punish parents who refuse to pay their child support. If the custodial parent complains to the district attorney's office, it may seek an indictment against the nonpaying parent in criminal court. If the defendant is found guilty, he or she may be jailed or the guilty parent may be put on probation and allowed to remain free if he or she pays all back child support and makes all future payments in a timely manner.

If you have legal questions about child support, you may want to contact a lawyer. To locate a lawyer in your area who specializes in child support, call the Virginia State Bar's Lawyer Referral Service at (800) 552-7977.

If you have a case with the Division of Child Support Enforcement (DCSE) and have questions, or if you wish to open a case, you should contact your local district office or call (800) 468-8894.

 

[Duranie]

If you do not have a court ordered visitation schedule you need to get one ASAP. Contact an attorney or a fathers rights group in your state to help with the paperwork. If there is a visitation schedule mom is not following then you file contempt. Either way do something now do you can see your child. also document all requests to see her. It may not look good for mom if she has refused to allow you to see the child. Even if you are behind on child support she still has to follow the schedule, if there is one.

 

[Dianamarie1013]

The question wasn't really regarding child support, cause I've already dont all of the above and Ive set up payments. I had to leave my job for a few months and fell behind. But not have them taking the money straight from my paycheck. I pay over 1000$ a month. So that's not really my problem. I have no problem catching up if Im able to see my daughter.

 

[Dianamarie1013]

The judge said because my child was so young that for the time being she would have sole custody. Like I said I didn't have a lawyer and she did. And the judge seemed like it didn't matter what I said. Yes it's taken me a while cause I was out of state for a few months and out of a job. The situation felt hopeless at the time, but now that Im working I want to fight back. Im also about to have another child and I want them to be able to know and see each other.

 

[Proserpina]

The question wasn't really regarding child support, cause I've already dont all of the above and Ive set up payments. I had to leave my job for a few months and fell behind. But not have them taking the money straight from my paycheck. I pay over 1000$ a month. So that's not really my problem. I have no problem catching up if Im able to see my daughter.

You really should have no problem supporting your daughter regardless of being able to visit or not...

...but that's besides the point.


You should file to establish joint legal custody and set up a regular visitation schedule.

 

[army judge]

The judge said because my child was so young that for the time being she would have sole custody. Like I said I didn't have a lawyer and she did. And the judge seemed like it didn't matter what I said. Yes it's taken me a while cause I was out of state for a few months and out of a job. The situation felt hopeless at the time, but now that Im working I want to fight back. Im also about to have another child and I want them to be able to know and see each other.

You want to have a fair chance at asserting your paternal rights, hire a lawyer.

You believe you were beaten before because you did not have a lawyer.

This time level the playing field, hire a lawyer.

Fight fire with fire.

Go it alone again, you'll get the same result.

Its like showing up at a gunfight with no gun.

Get yourself a hired gun, she did.