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child custody

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Tina Campbell

Guest
What is the name of your state? Georgia. Me and my husband have been raising his son for 21/2 years now. My husbands son is four years old now and on christmas day 2000 the childs mother dropped him off and we didn't hear from her in months. As the years went by she would call every now and then to see her son but it wasn't often. I logged down every time she called to talk to him or came by to see him. My husband filed some papers at the clerk of courts about 2 months ago to get the child ligitimated because they were never married. well when the court date came arount the mother showed up with an attorney and she said she wanted joint custody with my husband being the primary care giver and she wants standard visitation. The judge told them to come to an agreement and come back to court on June 23rd. Her lawyer typed up the paper work for joint custody with the mother getting visitation and told them both to come to the office on June 20th so they could sign him before June 23rd so he could get the judges signature. My husband went up there to sign them but she never did. This is what she wanted and she hasn'y signed them yet and it is now Tuesday June 24th and court was yesturday. What is going to happen if she doesn't sign the papers? Will my husband still beable to get the child ligitimated? In the paper work there are four things going to be done which is the ligitiamtion, joint custody, visitation, and child support. She soesn't want to pay child support. She is on tanf right now and she doesn't have to pay until she stops receiving welfare. My husband signed this paper work along with her attorney. She is the only one that didn't sign it. Did my husband do anything wrong by signing it?
 
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hexeliebe

Guest
How can we tell you what MIGHT happen if we are not involve with the case directly, don't know what the paperwork says exactly and are not in the courtroom with you.

I can only hope that since she never showed up your husband did not sign anything.

He should not only be asking for primary custody but also child support. IF he did not sign tell him to retain his own attorney and file separately in the same court for full custody and child support.
 
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Boxcarbill

Guest
This illustrates why a person should have an attorney. She didn't sign the papers so there is no agreement. The court date has come and gone and so no hearing and no default judgment. What a mess!
 
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Tina Campbell

Guest
No my husband didn't go to court because her attorney said that we didn't have to because he only needed my husbands signature and the mothers signature and then he will present it to the judge for his signeture. When I called her attorney to ask him if she signed it yet he said no. I called him on the day that court was and I asked him if he took the papers up there and he said he couldn't until he got both of the signatures.
 

VeronicaGia

Senior Member
Tina Campbell said:
No my husband didn't go to court because her attorney said that we didn't have to because he only needed my husbands signature and the mothers signature and then he will present it to the judge for his signeture. When I called her attorney to ask him if she signed it yet he said no. I called him on the day that court was and I asked him if he took the papers up there and he said he couldn't until he got both of the signatures.
Why are you listening to her attorney? Do you have this in writing from her attorney?

Don't ever just not go to court. This was likely a huge mistake. Also, don't ever listen to the other party's attorney. Another huge mistake.
 
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Tina Campbell

Guest
I have a copy of the papers that they agreed on with my husbands signature and her attorneys signature thats why I didn't see the need to show up because her attorney said that all he needed was the signatures from both parties because they came to an agreement. If she doesn't sign the papers will my husband still be able to get the child ligitimated because that is what we went to court for to begin with.
 

VeronicaGia

Senior Member
Tina Campbell said:
I have a copy of the papers that they agreed on with my husbands signature and her attorneys signature thats why I didn't see the need to show up because her attorney said that all he needed was the signatures from both parties because they came to an agreement. If she doesn't sign the papers will my husband still be able to get the child ligitimated because that is what we went to court for to begin with.
It sounds like your husband is going to have to get an attorney. The sooner the better. Don't try to fix this yourselves and please, stop listening to her attorney. :confused:
 

frylover

Senior Member
Tell your husband to get a lawyer--like YESTERDAY!

My husband didn't and as a result he is trying to rebuild a relationship with his 18 year old daughter that his ex worked hard to destroy from the time the child was four years old. He has to bear a good deal of the responsibility for the way things are now, but the whole mess could have been avoided in the first place if he had had the sense to get a lawyer.
 

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