Child Support and Visitation

Hi, L.,
Actually, she can keep his child from him. It sucks, but it's true. My niece has a daughter, and was raising her alone, letting her go over to visit her father two or three times a week, no problem. Then one day, she calls to find out why he hasn't brought her daughter back, and he tells her he isn't going to. He's the dad, he has a right to have her, and then he filed a restraining order so she couldn't come anywhere near her. All very legal, unfortunately. She did not see her daughter again until they finally got a court date. Then she was allowed visitation! Visitation! With her own daughter that she had been raising the whole three years. How bizzare is that? And technically, they were still married! Separated, but not divorced yet.

So, while I totally sympathize with your brother, at this point he needs to wait for the lawyer to go to work. Or, IF she doesn't already have the restraining order in effect, AND there isn't a court mandated custody order, maybe he could do what my niece's ex did to her. Get her to allow him to see his child just once (be super sweet and agreeable to anything she says just to get him) then refuse to give him back and get his own restraining order against her. Not nice, but it sounds like she wants to play hardball.

Best of luck to you. Let us know what comes about.
J.

No, She cannot legally keep him from his kid -
He needs a good attorney and he will be granted visitation. Child support and visitation are two completely separate things. The Child Support Enforcement Agency will decide how much he has to pay and he will pay it through the agency, nothing else. Not to give her any more money than the designated amount. Been through very similar situations with my husbands ex wife and their daughter!!! its not pretty!!!

Hello. Well I'm not sure if my advice is accurate but tell your brother to go to legal aid (where ever he lives. They will represent him and help him with this and i don't think you have to pay for it. No she can't keep him from his son. but if he doesn't get help through the system there is nothing he can do about it. also tell him to try going to child support. Have him talk to someone down there and tell them what his situation is. I was also tell him to keep all reciepts for anything he does for her so when he does go to court he has proof that he is doing what he should and going beyond his duties. Also she if he can type up a letter for an agreement on a certain amount each month. If she does sign it i would get it notarized and he can use that in court. I'm not sure if that one will work but its a suggestion. Well i hope this help. Tell him Good Luck!!!

Well first off he is stupid for giving in to her demands. Instead of spending money on her he should go through the courts and get rights if he has too. I hope he has some kind of reciet that he has paid her in the past because the way she sounds she might try to go back for back child support. Tell him to go to child support and have them calculate what he will owe. I have the papers where you can calculate and if shw works she wont get as much as she thinks. Plus if she gets ANY kind of welfair help they will take the child support that she get to pay for her assitants. Tell him to go through the courts before he really gets screwed!!!!! I see you are close to where I live and I know an AWESOME attorney!!!!

I agree with the fact that he's getting a lawyer that's what he needs to do. They both signed the paper stating he didn't have to pay child support so the court might say no way to him paying. If they have a visitation agreement already through the court she can't by law keep him away from his dad. I hope that things work out for him. Sounds like he's a good dad who wants to be in the childs life she should be thankful for that.