Getting Visitation , Do I NEED a lawyer?

[futuredust]

Before you get to far ahead of yourself, please clarify the court order regarding child support from another state.

Which state?
If you both live in VA, and the divorce was in VA; how are there court orders from another state regarding child support?
How long have you resided in VA?
How long have mom and child resided in VA?
How long did any of you (and who) reside in the state that issued the child support order?

In that child support order, is there wording regarding custody of any kind?

In your divorce papers, is there wording regarding the child, custody?

I am not saying you cannot do this in VA, but dependent upon the current court orders and divorce decree will determine how you move forward with your motion.

 

[stealth2]

Since you would apparently be paying for yourself and the child to go to Jamaica to visit your parents, why not pay your parents' airfare to come visit you? Then, when the child is older, Mom may be more cmofortable with having her go there herself.

As for Mom not allowing this, Mom not allowing that, your not knowing whatever - the only person to blame for that is... you. You could have taken control of your visitation situation earlier. Ya know?

 

[Mr.X]

Which state? SC
If you both live in VA, and the divorce was in VA; how are there court orders from another state regarding child support? She had moved back to SC at the time
How long have you resided in VA? ~6 years for me
How long have mom and child resided in VA? 4 years
How long did any of you (and who) reside in the state that issued the child support order? ~1 year, but lived there whole live before moved back

In that child support order, is there wording regarding custody of any kind? nope

In your divorce papers, is there wording regarding the child, custody? nope

I am not saying you cannot do this in VA, but dependent upon the current court orders and divorce decree will determine how you move forward with your motion.

It says that these matters will be determined at a later time.

 

[my life is mine]

Mr. X so both you and Mom now reside in VA and have been doing so for the past 4 years? If so, there is a chance child support will be transferred to VA.

Now to answer your questions

Would this be decided at the time of my filing for visitation or is this just assumed to always be the default case even though nothing is in writing?

The Judge will base visitation on previous history, if you have been seeing your child every other weekend until Mom decided not to let you then that is a good chance that will be what Judge orders.

If you were seeing child once a month then that could be what Judge orders.

Every other weekend is not assumed, but it is what is the "normal" for that area.


Thanks for this suggestion. Would I ask this at the time of my court appearance stating that I would supply the flight/stay information at the time the international travel plans be arranged?

Yes that is how this would be handled, a passport would need both parents signatures, so Judge could order and normally do, if no deception has been brought to court before, since you do not have an order then no deception. Understand?

What usually is placed in a court order is travel out of U.S. will be on the parents time that she/he has time to arrange travel, it will not interfer with other parents time. You will have to notify Mom usually of all pertinent information 30-60 days before travel. Mom will also have to write a letter for documentation to be carried by you for international flights. Please check the airlines for exact wording they would like.

Facts:
Dates and times child was with you
How travel arrangements were set up (whether you picked up and dropped off)
Internet information is very rarely looked at, emails are the same.
Go in tell the truth, plain and simple.
You sometimes will be told to go to mediation which is right there, Judge will assign one, normally no fee.
It is pretty simple. Fell free to PM me at anytime.

 

[Mr.X]

How long does Visitation court dates normally take? I was told that I would get a court date in 8-10 weeks. That is long for me, since I am scared that my daughter's mom might move away after she get served to screw me over. Would the time be shorter if I get a lawyer?

 

[mistoffolees]

How long does Visitation court dates normally take? I was told that I would get a court date in 8-10 weeks. That is long for me, since I am scared that my daughter's mom might move away after she get served to screw me over. Would the time be shorter if I get a lawyer?

Get a lawyer.

If you serve her in VA and then she leaves, that doesn't stop VA from being able to decide the matter if they have jurisdiction in the first place. In fact, if she is properly served and doesn't show up for the hearing, you'll probably win anything reasonable you ask for.

 

[Mr.X]

Get a lawyer.

If you serve her in VA and then she leaves, that doesn't stop VA from being able to decide the matter if they have jurisdiction in the first place. In fact, if she is properly served and doesn't show up for the hearing, you'll probably win anything reasonable you ask for.

Unfortunately, I cant afford a lawyer right now, but if it is absolutely necessary and she is pulling something (like trying to move) I definitely will.

I am trying to get a "no move with 'x' amount of miles" on the visitation order. I know it is easier to stop her to move in the first place than to bring her back, but if she does move out of state before the court, what would happen in that case?

 

[mistoffolees]

Unfortunately, I cant afford a lawyer right now, but if it is absolutely necessary and she is pulling something (like trying to move) I definitely will.

You seem to be struggling with the concepts that are being provided to you. There is a very real risk that if you do it without an attorney that you will lose.

So what's more important to you? The cost of the attorney or spending time with your child?

 

[Mr.X]

You seem to be struggling with the concepts that are being provided to you. There is a very real risk that if you do it without an attorney that you will lose.

So what's more important to you? The cost of the attorney or spending time with your child?

What risk is there? As far as I found out, there is no risk in loosing my child without an attorney in the state as Virginia as far as I have seen. I am not asking for anything extraordinary. Would an attorney be able to stop her if she tries to leave before the court date? As far as the advice from here and from my attorney and from the clerk of court go, what I am asking for is standard, my right in Virginia, so I do not need an attorney. Later, I intend to get one when i ask for more, but for right now, everyone says that it is nothing extraordinary that I will benefit from one.

 

[mistoffolees]

What risk is there? As far as I found out, there is no risk in loosing my child without an attorney in the state as Virginia as far as I have seen. I am not asking for anything extraordinary. Would an attorney be able to stop her if she tries to leave before the court date? As far as the advice from here and from my attorney and from the clerk of court go, what I am asking for is standard, my right in Virginia, so I do not need an attorney. Later, I intend to get one when i ask for more, but for right now, everyone says that it is nothing extraordinary that I will benefit from one.

OK. Fine. Don't get an attorney.

Just don't come back here complaining that the system is unfair when you lose because you messed up.

 

[Mr.X]

OK. Fine. Don't get an attorney.

Just don't come back here complaining that the system is unfair when you lose because you messed up.

Loose what? You are not making any sense. Loose visitation?

 

[mistoffolees]

loose what? You are not making any sense. Loose visitation?

q.e.d.....

 

[my life is mine]

mistoffolees, pro se is done quite often in the area he is talking about. I, myself, have been pro se for over 10 years within Norfolk courts.

Mr. X if Mom flees area after being served and you both have lived there for over six months and have no custody/visitation order in any other are or state, then Norfolk will be the correct jursidiction. So continue on, file paperwork, asking for a hearing. If Mom does not show Judge may do a continuance or the Judge may give you exactly what you are asking for. I will tell you to ask for more than you think you may get and Judge may give it to you or change it a bit.

If your child is 12 or over your child will also be sent paperwork to come to court.

Yes it takes about 8-10 weeks to get a hearing. You will spend most likely the whole day in court waiting for hearing even if docket says 9 am.

 

[LdiJ]

I would like to add something here for clarification purposes.

Dad, its not guaranteed that you are going to get permission to travel to Jamaica with the child, because Jamaica is not a signatory to the Hague Convention. Its also not guaranteed that you won't get permission either.

If you have strong ties to the US, ie you have a green card or are a citizen, you have a really solid job on a career path, you own your own home and car etc...things that pretty much guarantee that you will want to come back, then your odds are great.

However, if you are here on an expired visa, living on your friend's couch and don't have a job, then your odds are slim to none...because you have no strong ties to the US...and because with an expired visa you CANNOT come back.

 

[mistoffolees]

mistoffolees, pro se is done quite often in the area he is talking about. I, myself, have been pro se for over 10 years within Norfolk courts.

Sure. The difference is that you probably took the time to learn the procedures and how things work. OP is clearly ignoring the advice he's been given and refuses to learn anything. Not to mention that someone who doesn't know the difference between 'lose' and 'loose' is unlikely to prevail if the issues are contested.

Lots of people can handle a pro se hearing. It just doesn't appear that he is one of them.