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What Do We Ask Him To Prove For Us........

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StarsMoon

Member
Hi there everyone......
This is going to be taking place in Ga, we live in Fl

Well hubby called a few lawyers today to see what he could do to obtain custody of child. The only time that hubby and his x-gf (mother of son) have gone to court is back in 4/01. Hubby took her to court to get visitation,cs, and to be legitimated. All on court papers.
Before hubby paid $400 a month cs and carried all ins on child, then BM started with "no you can't see child. We were never married and you are not legally the father, you HAVE NO rights to child till you take me to court. ( in Ga, if father never married mother then mother can deny father to see or even talk to child. THAT'S WHY YOU GO TO COURT. So hubby did. Now hubby has found out somethings on BM(and her BF) and it basically just makes her character look bad. As well as prior incedents of Bm not being responsible enough to take child to get dental taking care off. Dentist won't see child anymore, cause bill past due. (whole nother story)
Some of the lawyers have said for us to get a privite detective to check her CURRENT lifestyle out. The guy that she is living under his roof, had filed FAMILY VIOLENCE charges on her as well as had POLICE come to his home and remove her and her belongings. I assume my son's stuff was kicked out too. BM is suppose to give me 7 day notice of her moving and provide address and phone. I have phone visits 3 times a week. Which she is in contempt of that cause in a month I basically hear his little voice bout 7,8 times. I have telephone bills stating I call and I record as well as a written documented book to keep up with what times and who I had to encounter(her or her b/f).
I need to know what should I ask of the investigator? What should I specifically ask him to find out? How long should I have him survey her and what ever it is that she does with my son? I don't know anyone in her area to spy on her. And, I am worried sick of what my son is enduring. BM has had some pretty shady BF's (abusive,phs, verbal, etc) I thank the lord for BM's mother because granny is raising son. He goes to school where granny lives and Bm lives in another county. Even for this school year, BM put on school record that dad lives in Mi when she knew I lived in Fl. I just need to know what ALL I should have this investigator do for me to get my son.
Some lawyers wanting $1500 retainer and one even said she wouldn't take the case for less then $10,000. Now wife and I don't have that kind of money to spend but we are going to do what we have to cause we have more stability and can provide child with a healthy up bringing.
Anyone with any ideas or input to this matter, please respond.
Thank you

P.S. Lawyer today told hubby that she could ask for more cs. If hubby takes her to court for contempt, can she ask the court to make him pay more? She has never taken him to court.(she never had reason,he paid support-it was always taken out off his pay by his consent for his child) Pay is basically the same except for a .50 cent raise. 1 child and she is getting $460. a month.
Papers were signed 4/01. I thought that before one could modify there had to be 2 or 3 yrs gone by.
 


Katie in FL

Junior Member
MY EXPERIENCE: I was told that normally CP "should not" revisit courts for 2-3 yrs, unless there is known change in pay (I think lawyer said 15%). I believe any issues can be revisited any time you go to court, including financial. Sorry so short - my knowledge & experience is limited
 
S

smh33

Guest
Your lawyer should guide you as to what a P.I. should be gathering info wise as lawyer will know what things legally valid and can be considered by court.
My state, any support order less than 3yrs can be modified without meeting the 15% change in payment but,any and all modifications require substantial change since last order...yours being 4/01. Would think difficult to prove sub. change since then, do not feel .50hr qualifies but you never know. Also my state, nothing can be brought up or before the court previously introduced...in other words, if going to court, one can only address issues since the last appearance...guess so 4 yrs later one can't say well, 4yrs ago,etc....especially if in court during last 4 yrs, why not brought up then.
 

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