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Old 03-22-2010, 01:21 PM
 
148 posts, read 168,494 times
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My brother and his Ex fiance had a child in 2007 they broke up in late 2007 and had an agreement for 50$ a month that he would pay to help with his daughter all was well until she moved back in with her parents and all of a sudden she goes and takes him to court for child support and he is ordered unfairly to pay 235$ a month! He was at the time working a minimum wage job and could not keep up with the payments and the court told him they did not deal with the visitation stuff just the child support. Well since then he has lost a job and moved to a different state and now has moved back and is looking for work which is hard since the state took his license for failing to pay the outrageous amount of child support and she will not allow him to see the child who is almost 3 he has not seen her since last july and come to find out this past december she put a restraining order against him so he has no way of seeing the child because the mother is around. Real coniving of her. Anyways how does he go about trying to get visitation? He can not contact her because of the illegal tpo she has against him. He tried getting help from DFCS but they are 100% on her side as is the usual case. He has no money and no job right now but is a great dad when he is allowed to see his daughter. As my niece I miss her dearly and am trying to help my brother with what I can so how can he get visitation? What does he have to do? I can and would be willing to help with some money if need be.
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Old 03-22-2010, 01:31 PM
 
2,605 posts, read 4,673,551 times
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It depends on what state he and the child are in. He would have to go through the courts regardless, but some states make it harder for the father under these circumstances.

The child support is set by income, not arbitrarily. He should go to the court and have it reset if he isn't making any money. Bottom line: He is the father and responsible for his child. Fifty dollars a month isn't a fair amount because it takes a lot more than that for the upkeep of a child.

Child support and visitation shouldn't have anything to do with one another. He should see a lawyer.
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Old 03-22-2010, 01:31 PM
 
3,422 posts, read 10,869,387 times
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Help him pay for a good lawyer. I cannot think of a more efficient use of time and money than to hire someone who knows how to do this for him and will be able to counsel him whether to sign an agreement or fight to amend it.
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Old 03-22-2010, 01:57 PM
 
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First off $235 isnt alot at all and it does go by income. You could make that much doing odd jobs here and there if need be. I wouldn't have him complain about that, he made the baby, he needs to assist in the financial aspect of caring for it.

As far as visitation, the court separates child support payments and visitation. Even if he ISN"T paying child support he is STILL allowed to see his child. He needs to take her back to court for a modification of visitation schedule and the court will give him the appropriate visitation taking into account her age and relationship with him to date...

Hire a lawyer so you are informed.
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Old 03-22-2010, 02:16 PM
 
Location: Rockwall
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It will take hearing in Family Court to get visitation. This will require an attorney. Which will require money. Which usually comes from being employed or the kindness of family/friends.

He should be equally concerned about the back support. Some states are quick to jail dead-beat parents.

This is just my opinion, but "great Dads" and "great Moms" provide financially for the children they create.

~l~
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Old 03-22-2010, 04:17 PM
 
148 posts, read 168,494 times
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Quote:
Originally Posted by NoExcuses View Post
It depends on what state he and the child are in. He would have to go through the courts regardless, but some states make it harder for the father under these circumstances.

The child support is set by income, not arbitrarily. He should go to the court and have it reset if he isn't making any money. Bottom line: He is the father and responsible for his child. Fifty dollars a month isn't a fair amount because it takes a lot more than that for the upkeep of a child.

Child support and visitation shouldn't have anything to do with one another. He should see a lawyer.

Both he and the child live in Georgia. I know 50$ is not a good amount but it was what they had agreed upon and the judge had let him know if he had gotten it notarized it would have stood up in court but he didn't. That is the main problem is he has no money to get a lawyer the ones he has contacted wanted 2500$ up front to even help him.
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Old 03-22-2010, 04:19 PM
 
148 posts, read 168,494 times
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Thanks for the replies so pretty much he needs to find an attorney. Are there states that help with an attorney I know when I went to court 5 years back for a criminal case I was given the option of a public defender and accepted it only had to pay 50$ afterwords. Neither of us can afford a lawyer if I could I would do that. Is there some program in Georgia or a group that helps dads? He was paying the CS until he lost his job and now its a bit hard trying to find one because he has no license so he has to be driven everywhere.
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Old 03-22-2010, 04:23 PM
 
2,605 posts, read 4,673,551 times
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He could try going to the Legal Aid office and talking with someone there. They work pro bono or according to income. At least they could tell him what his chances are and maybe turn him in the right direction.

http://www.fightforyourkids.com/Father_s_Rights.html?gclid=CK71ttGlzaACFZdM5Qodb2i JzQ (broken link)

http://www.fathers-rights.com/

One of these may help. Do a little research. The one has state specific advice.
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Old 03-22-2010, 06:22 PM
 
148 posts, read 168,494 times
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THANK YOU! I will do what I can but in the long run its up to him. Thanks again for the help!
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Old 03-22-2010, 06:51 PM
 
1,429 posts, read 4,264,868 times
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Child support and visitation are two seperate things. To gain favor in front of a judge, your brother needs to pay SOMETHING towards child support.... even if he cannot make the full payment. This shows a willingness to do what he can. He needs to file for modification of support, but if he is able to work, minimum wage may be used as a baseline for support. He needs to have proof he has applied for jobs.

There are parts of history missing from your post. Child support does not take licenses from people who are just having a run of bad luck. My ex was over 10 grand behind and they never took his license. This did not happen overnight, or he did not attend court. Also, to get a TRO, there needs to be a reason. To get a permanent TRO there has to be proof, or your brother did not show up for court to contest it.

As for visitation, he needs to find a family court attorney or find out what forms he needs to file in order to establish a parenting plan which includes a visitation schedule. Even with a TRO in place, he can designate a person to do pick up/ drop off so he is not in direct contact with the mother. He may be barred from contact, but an agent (lawyer) acting oh his behalf can contact the mother in order to establish a parenting plan.

You are right, DFCS does not establish custody/visitation. They are not interested in that part of the relationship. They are only agents to make sure the child is provided for.

When in front of the judge, it would be a good idea for your brother to have proof of the attempts he has made to remain in contact with his daughter (returned letters/birthday gifts, call logs, etc).

Before you assume that I am trying to blast your brother, I am all for father's rights. My DH is a custodial parent of his kids. I am just trying to give you a realistic view of what he's looking at.
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