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thak9

Guest
Hello everyone...I am from Louisiana, and my situation is I am going through a divorce and child custody case right now. But I cannot afford a lawyer. Is their any thing I can do!? I already went to court, and got screwed, is their anything I can do? except just sit back and continue to be screwed? Any info would be very helpful....Thank You
 


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thak9

Guest
Well, my other court appearance was(first one) for the divorce and custody and child support. Nothing was even done with the divorce on that day. Me and her lawyer went in the back room, and he figured up the child support and daycare costs and she wanted to provide the medical insurance and have me pay half of it, which her total payments per month for her and my son was $300 a month. She wanted me to pay half of that. That was out of the question, considering I already had insurance on him, paying $50 a month for him. So I didnt agree to it. We took it before the judge and of course, it only takes common sense to just keep my insurance on him. Her lawyer told me that I would be getting every other weekend and holidays and vacations. The usual. I agreed to that and the child support and daycare, the daycare with hesitation. So when I went before the judge he asked me if I agree to the terms, I said yes. Well after court we went back to the lawyers office(next door) for the paper work, And I paid some of the child support for the first month. He drew up a temp. judgement which said everyother weekend etc... Then I asked which weekend would be my first weekend to get my son(keep in mind I hadent seen him at that time for about 5 months) he said "well, thats up to her" and I said "what do you mean that is up to her?" He then said that I had gotten "reasonable visitation rights" which means when she thinks it will be "reasonable for me to see him, how long and where". He said if I want any more than that then I need to get a lawyer and fight it. I was aware that I was getting that deal, if I was I would not have agreed to it! So I went home, and soon a judjement came in the mail, well I did not sign it because I did not agree to it. Then another judgement came in the mail with the judges signature on it. Since that day I have had two other court appearances that I have not went to. Im figuring "whats the point" And I still have insurance on my son, but have not been paying child support. I really cant afford what I agreed to. I think it is too much for my little income and for one child. I think if I am paying, then I should have a relationship with my son as well. And I cannot talk with her because she will not communicate with me in ANY way, she stoped talking to me 3 weeks after she left. Me and my family have tried geting in touch with her, but she refuses to talk with anyone, her parents just hang up the phone. To this current day I havent seen my son in a year and a half, and it is killing me, I dont know how much longer I can be without him. I beleive he needs his daddy as much as I need him. He is now 3 1/2 years old. I doubt he even remembers me. Also keep in mind that she commited adultery on me(which is the main reason for the breakup). And Im the one not seeing him! Go figure that one! I know that I have gotten myself in a heap of trouble for not going to court and paying child support, and now I really dont know what to do. I am willing to go to jail for a little while for my offenses, but the bad part is I will still not be seeing him after I get out. I would gladly pay any "reasonable" amount, just as long as I can see him. And have a relationship with him. I ageed to the dollar amounts so fast because I didnt feel that there was anything else I could do without a lawyer and because I was so eager to see him, I didnt want to mess that up. But like I said if I would have known the actual deal I was getting I would have not agreed to it. Mainly because with that power I will NEVER see him. She doesnt EVER plan on me seeing him again. I am 100% confident that if I go to court with a lawyer I will get my rights, because she has 0% on me, as far as to be denied my rights. But my question is, will I ever get my rights without a lawyer? She is living at home with no bills, so she can afford it, I live on my own and just barely get by. Will justice ever get done for a poor person like me? Thank you for listening and any input would be greatly appreciated......
 

LegalBeagle

Senior Member
You gonna hate my advice... but yes, you are screwed. For the original agreedment, for not paying CS and worse, for not turning up for the two court hearings. That was your chance to tell a judge your story and problems. Yes, he may have ignored your plea but it was your chance.. your ex basically won anything she asked for by default.

Your only way out of this mess is with an attorney. The least you can do is petition the court for visitation and site her for comptempt of court for denying you visitation. CS and visitation are seperate and you have a right to see the child.

If you can not afford an attorney then go to the local court house and pick up the papers, ask the clerk. Try to find a paralegal to help you with the forms, they are far less expensive than an attorney.
 
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thak9

Guest
Yes, but i cannot cite her for contempt of court because she gets to choose when I see him, she has chosen never. "Reasonable visitation rights" . Do you think I will go to jail? Can I file in my town, or do i have to go to where she lives? And also, can I speak with the judge alone, since I have no lawyer? I asked him and he said no...Thanks
 

LegalBeagle

Senior Member
Yes you can cite her for contempt of court. Reasonable visitations does not mean NO. If you ask for visitation and she continues to deny you, then you can bring her up on contempt.

Jail ? Depends on how much CS you owe..

You need to file any papers in the county the child resides.

You can not speak to a judge alone.. but you can do so in open court without an attorney.

 
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thak9

Guest
What if she will not even talk to me? I havent been able to even verbally ask to see him, they hang up before I even get a chance to say hi. If I go to the city to file, will I be immediatly arrested for the bench warrant? I even send her e-mail but she will not repond even to that. I owe about $1600 in cs, do you think I can get that started over, the cs? I heard i might be able to. And another thing, her parents have been long residing in this town, and it only has one judge, does that hurt me to? Im sorry for all these questions, but Ive had these questions in my mind for a long time.....
 
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thak9

Guest
I know yall have alot of messages to respond to but I was wondering if yall could respond to my last few questions and I will leave you alone. Thanks....P.S. If anyone has been through this similiar situation please give some imput...thanks....
 
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skinsfan84

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by thak9:
Hello everyone...I am from Louisiana, and my situation is I am going through a divorce and child custody case right now. But I cannot afford a lawyer. Is their any thing I can do!? I already went to court, and got screwed, is their anything I can do? except just sit back and continue to be screwed? Any info would be very helpful....Thank You<HR></BLOCKQUOTE> Thak9, My Friend, I am going through the exact same thing, I mean the exact, I havent seen my daughter in 4 years, she turned 5 and I have no idea what she even looks like, I lay awake and wonder what she looks like, what she likes and all that. I am in the process of trying to find a Lawyer, but they all want a great deal of money up front, I was told that a paralegal is the way to go, I'll let you know today or later tomorrow what I come up with. I live out of state from her so I need to talk to a Paralegal from the state she lives in, I'll be in touch. Skinsfan84

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by thak9:
What if she will not even talk to me? I havent been able to even verbally ask to see him, they hang up before I even get a chance to say hi. If I go to the city to file, will I be immediatly arrested for the bench warrant? I even send her e-mail but she will not repond even to that. I owe about $1600 in cs, do you think I can get that started over, the cs? I heard i might be able to. And another thing, her parents have been long residing in this town, and it only has one judge, does that hurt me to? Im sorry for all these questions, but Ive had these questions in my mind for a long time.....<HR></BLOCKQUOTE>


You need to first sort out the warrent. You are not going to get very far with visitation if there is a warrent out for your arrest.

Then you need to send a letter to her stating your desire to have visitation. That under the court order she can decide when, but can not outright stop you and than in doing so, she is on contempt and you will pursue legal action. You can also state that you do not intend to just go away as you have every right to see your child. Make sure you send it certified and requiring a signiture. If she refuses the letter then you have some proof.. if she ignores it, then you have the return recipt as proof.

You also need to pay that CS. It will not go away and will result in you going to jail one day. You need to come up with a plan to pay it.

Unfortunately there is not much you can do about the judge.. Generally, he can not refuse you visitation. It may be short and it may be supervised but he should not refuse you complete access.

So, get the warrent sorted out.
Come up with a plan to pay the CS
Write a letter regarding visitation
Find a local paralegal who will help you file the paperwork for an order to show cause regarding visitation.



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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.
 
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thak9

Guest
I appreicate the advise LeagleBeagle. The certified letter is a very good idea. I have also saved all the phone records of all the calls made to her home, as proof of trying to contact her. What exactly do you mean by "sort the warrant out". Once again, I appreciate all the good advise, I beleive it will help me out alot. Thank you for your time.......Also I like your ending message :D
 

LegalBeagle

Senior Member
You mention that you have a warrant out on yourself.. if so, get it sorted.. go to the court or police and address it. It is unlikely you can pursue visitation if the police can arrest you at any time.

Good luck...
 

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