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Custody or Visitations when grandparents have child.

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Rlpickney

Guest
What is the name of your state?Texas

I have a question. My husband has not known where my step-son is for 3 years. He has not seen or heard from his ex-wife in that long. My husband's ex-wife and parents moved out of town without telling my husband. My husband looked for his ex and finally found where she moved to. He contacted his ex-in-laws and they told him that his ex-wife left and left the baby with them. Well my husband wanted to see if he could see his son and they told him that he had no rights to his son what so ever. Well we talked to some lawyers and they said that the papers that they had were dismissed and that the divorce decree was back in order. Well we called the ex-in-laws again and said that we wanted visitations and they told my husband that they talked to a lawyer and thier lawyer advised them not to let my husband see his son.
What can we do to see his son. We don't have a lot of money but would love to have a relationship with his son. I know that my husband does not have a right to see his son. But his son has a right to see and know his dad. Can someone help us on this. Any help would be very helpful.... Thank you so much.
 


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Lil Miss Smarty Panties

Guest
Rlpickney said:
I know that my husband does not have a right to see his son.
Why did you say that? Has his parental rights been taken away by a judge? If not, then he has every right to see his son. In fact, since his ex abandoned the boy, he has every right to seek custody. Spill some more details. What papers are you talking about that were dismissed? Do the Grandparents have custody or legal guardianship??
 
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Rlpickney

Guest
The reason I said it is because it is a childs right to know the parents not the parents right. The papers I am talking about were trying to take my husbands right and his exwife's rights away. But they didn't try to contact my husband so the court dismissed it. The grandparents do not have legal custody that we found. There was a six month period where he was unable to see his son due to money and work reasons. They were not flexible. He hasn't seen his son is because they moved and did not let him know where his child was. We have contacted his exbrother in law and he is trying to help us. But I am not sure how far that will go. They gave us pictures and said that they would try to talk to the grandparents. We aren't trying to cause troubles because it would be best for everyone(specially for the child) if we could all get along. We just have no money to fork up 10,000 dollars. Is there any help on what he can do?
 
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Lil Miss Smarty Panties

Guest
Does he want custody or just visitation?

The TX lawyer is on the boards right now. I'm sure he'll get to this one and help.
 
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Rlpickney

Guest
He wants either. He doesn't want to just yank his son out of the grandparents house. That wouldn't be right. But he want to get to know his son and after he gets to know his son get custody.
 
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Rlpickney

Guest
I would like for someone to message me in yahoo if at all possible. I would love any help what so ever. dentontxcowgirl is my handle on yahoo. Thanks.
 
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Boxcarbill

Guest
Let me set you and any other misguided reader out there straight on parental rights. Yes, a parent has a right to see their child unless the parental rights have been terminated. In fact, parental rights are a constitutionally protected fundamental liberty interest.

Now, if the grandparents are not willing to allow visitations and if the father is not willing to spend the money to file a SAPCR (Suit Affecting the Parent/Child Relationship, then he isn't going to see the child.
 
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Rlpickney

Guest
I am sorry. I didn't mean that he didn't have a right to see his son. He is willing to spend money. It is just that we have nearly no money. We are trying to save money, but 10,000 dollars is a lot of money not to mention it will probably cost more. Is there a different way to do this. Thank you for your advice Boxcarbill.
 
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Boxcarbill

Guest
Rlpickney said:
I am sorry. I didn't mean that he didn't have a right to see his son. He is willing to spend money. It is just that we have nearly no money. We are trying to save money, but 10,000 dollars is a lot of money not to mention it will probably cost more. Is there a different way to do this. Thank you for your advice Boxcarbill.
You need to do some serious attorney shopping. Custody cases can be expensive but nothing even remotely in that financial neighborhood. This is Texas not Hawaii!
 
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Rlpickney

Guest
Well have have been attorney shopping. We have decided that we need to go to the county that his son lives in. Would you take the case. lol. Most of the lawyers want 5000 dollars to start. There were a couple of them that would take 2500, but there was one lawyer that asked for 10,000 dollars. We can pay a lawyer out but can't come up with the money up front. Any answers?
 
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Boxcarbill

Guest
Rlpickney said:
Well have have been attorney shopping. We have decided that we need to go to the county that his son lives in. Would you take the case. lol. Most of the lawyers want 5000 dollars to start. There were a couple of them that would take 2500, but there was one lawyer that asked for 10,000 dollars. We can pay a lawyer out but can't come up with the money up front. Any answers?
Tip: A lawyer who quotes an outrageous price, like $10,000 for this case is telling you that they don't want the case but if you are willing to pay the outrageous quoted fee, then they will take the case. It is a "nice way" of saying I don't want the case but for the right price, I'll take it.

As for pay outs, it doesn't happen. Believe me from my long and bitter experience, people DO NOT pay once the service has been provided. Since services are not secured loans--i.e. nothing to repossess, people will not pay for it after the service has been rendered. I could write books on this and the rationalization for not paying. I too started out believing that most people were honest. Even after years of agreeing to pay outs and finding out at most there would be two--at best three more payments--then no more money, I still got suckered into it occassionally. Someone would come along that was so pitiful and they were so sincere that I would go against my better judgment. Meanwhile, I was driving a car that was 10 years old, living in a house that is referred to as a "starter home" and was my own receptionist, law clerk and legal secretary because I couldn't afford any staff with the desk drawer full of "thank you" notes, letters and cards before I learned "to get your money up front."

Fact: People are most motivated to pay when they need the service. If they can not or will will not come up with the money when they most desperately need the money, then they sure as hell are not going to come up with it after they have gotten the service.

If you want a "pay out," ask if you can pay out the fee and the attorney will put the payments into the attorney's trust account and if, as and when there is sufficient money, then the attorney will start work. Otherwise the attorney can refund what is paid if full payment is not reached before the case becomes mute. In other words, you wait for the work until you can afford to pay rather than expect the attorney to work for an unsecured promise to pay.
 
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Rlpickney

Guest
I understand what you are saying. We were going to give the lawyer the money and let it sit into a trust account but she turned it down. But we did find a lawyer today that we have good faith in. He seems pretty promising. We are hopefully going to save the money or maybe borrow from someone to pay for this. He said that We needed to file for custody of the child since the grandparents have him and the mother isn't in the picture. I am not sure if that is such a good idea for his son but it is better than nothing. I want to thank you for your help though. You are a good attorney.
 
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julie4796

Guest
There was a six month period where he was unable to see his son due to money and work reasons.


That is an excuse, not a reason.....
 
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Rlpickney

Guest
I am sorry. You are very right Julie. I am sure I don't know the whole story. I do know that he did try see his son but they would not reschedule. All he is trying to do now is try to see his son.
 

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