i want to see my son

[scott4]

I have no court order as of yet. I need a lawyer but don't have much money. help. she won't return my emails or text messages. I know i have the right to see my son but the mother and i can't be together. what do I do and how do you find a good attorney and what do i expect to pay to start . what is a reasonal amount of money to start. any help would be appreiated i'm in california

 

[Ithildriel]

I have no court order as of yet. I need a lawyer but don't have much money. help. she won't return my emails or text messages. I know i have the right to see my son but the mother and i can't be together. what do I do and how do you find a good attorney and what do i expect to pay to start . what is a reasonal amount of money to start. any help would be appreiated i'm in california

Here is a child support calculator for cali

http://www.alllaw.com/calculators/Childsupport/california/

You need to file for custody and visitation.

My only other advice to you is that if someone that signs their posts IAAL answers you, do whatever they say!

 

[rmet4nzkx]

I have no court order as of yet. I need a lawyer but don't have much money. help. she won't return my emails or text messages. I know i have the right to see my son but the mother and i can't be together. what do I do and how do you find a good attorney and what do i expect to pay to start . what is a reasonal amount of money to start. any help would be appreiated i'm in california

1. Establish paternity
2. File for custody and visitation
Go to the site for your county Superior Court and go to the self-help section, you may do your filings there for some actions or go in person to the Family Lae Faciliator's office, they will either help you do your filings pro per, fee waivers or give you referals to an attorney. It is possible to reach an agreement with mediation but it starts with paternity. Expect to pay child support once you are proved to be the Dad by DNA and to pay for that test, it is important that you do this before the child reaches 2 years of age.

 

[scott4]

dna test

why do I need a test. I am the father. does every one have to be tested? what is the cost?

 

[Tornin2]

why do I need a test. I am the father. does every one have to be tested?

If you and the mother were never married (and even if you were in some cases), then yes, you will need to establish paternity by getting a DNA test done. This is in your best interest, as well as the child's.

 

[Tornin2]

rmet:

it is important that you do this before the child reaches 2 years of age.

Can I ask why this is imporant to do before the child reaches 2 years of age? This is the first time I've seen someone say that on the forums. Is there something that changes, legally, after the child is 2 years of age? Thanks.

 

[CALIF-LAWPRO62]

rmet:



Can I ask why this is imporant to do before the child reaches 2 years of age?

MY RESPONSE: It's the magic age when children turn into pumpkins! No, no, no. There is a "presumption" of paternity IF two adults are living together, and no one rebuts the presumption during and after the age of two years. However, prior to the 2 year mark, another person "could" demand a paternity test from the court, and have one ordered. If, however, someone demands a paternity test "after" the two year mark, then a court may not order a paternity test UNLESS someone comes into court WITH clear and convincing evidence - - and even then, the court may not order a paternity test in due to the presumption, and the "best interests of the child." Remember, "bonding" occurs and a child at or near 2 years old could be severely emotionally damaged as a result of separation of, or loss of, the "presumed" parent.

IAAL

 

[CALIF-LAWPRO62]

why do I need a test. I am the father. does every one have to be tested? what is the cost?

My response:

The court has jurisdiction over ALL minor children. When Mom and Dad aren't living together, and Mom wants child support, the COURT needs to know for its file, and by LAW, that the person whom they are dealing with is, in fact, the biological father, and that parentage is legally established, and that custodial and support rights and obligations are proper, and properly established.

So, while YOU may be sure of the child's parentage, no one else knows. So, this is your way to prove to the World, by law, that you are the bio-father.

IAAL

 

[rmet4nzkx]

rmet:



Can I ask why this is imporant to do before the child reaches 2 years of age? This is the first time I've seen someone say that on the forums. Is there something that changes, legally, after the child is 2 years of age? Thanks.

You are new here, this has been covered many times, even recently.

 

[Tornin2]

rmet:



Can I ask why this is imporant to do before the child reaches 2 years of age?

MY RESPONSE: It's the magic age when children turn into pumpkins! No, no, no. There is a "presumption" of paternity IF two adults are living together, and no one rebuts the presumption during and after the age of two years. However, prior to the 2 year mark, another person "could" demand a paternity test from the court, and have one ordered. If, however, someone demands a paternity test "after" the two year mark, then a court may not order a paternity test UNLESS someone comes into court WITH clear and convincing evidence - - and even then, the court may not order a paternity test in due to the presumption, and the "best interests of the child." Remember, "bonding" occurs and a child at or near 2 years old could be severely emotionally damaged as a result of separation of, or loss of, the "presumed" parent.

IAAL

Thank you.

 

[scott4]

Back to my question, can my ex girlfriend keep me away from my son? even though we have not been to court yet. she is ignoring all contacts from me. we had a problen the other night. her so called new boyfriend called me on my cell and threaten my life and my parents. we called the cops and they took a report. the police officer told me she cannot deny me a visitation. don't know what to do.....

 

[Neal1421]

Back to my question, can my ex girlfriend keep me away from my son? even though we have not been to court yet. she is ignoring all contacts from me. we had a problen the other night. her so called new boyfriend called me on my cell and threaten my life and my parents. we called the cops and they took a report. the police officer told me she cannot deny me a visitation. don't know what to do.....

If paternity has not been established and there are no orders in place, yes she can keep the child away from you. Legally you are not the child's father.

 

[Ithildriel]

Back to my question, can my ex girlfriend keep me away from my son? even though we have not been to court yet. she is ignoring all contacts from me. we had a problen the other night. her so called new boyfriend called me on my cell and threaten my life and my parents. we called the cops and they took a report. the police officer told me she cannot deny me a visitation. don't know what to do.....

The second post on this thread told you exactly what you need to do. She does not have to give you any visitation until you follow the steps in that post. It wont look good for her, if she is denying visitation and you are determined to be the father, but she doesn't have to.

 

[Mbarr77]

Back to my question, can my ex girlfriend keep me away from my son? even though we have not been to court yet. she is ignoring all contacts from me. we had a problen the other night. her so called new boyfriend called me on my cell and threaten my life and my parents. we called the cops and they took a report. the police officer told me she cannot deny me a visitation. don't know what to do.....

Right now because paternity has not been established she does not have to give you access to the child. You need to establish paternity, then file for visitation. She is not denying you visitation because no visitation has been ordered yet.

 

[fairisfair]

Back to my question, can my ex girlfriend keep me away from my son? even though we have not been to court yet. she is ignoring all contacts from me. we had a problen the other night. her so called new boyfriend called me on my cell and threaten my life and my parents. we called the cops and they took a report. the police officer told me she cannot deny me a visitation. don't know what to do.....

She cannot deny you visitation AFTER there is an order for visitation. You have been told what you need to do, some one even specifically told you to watch for directives from IAAL.

Yyou need to establish legal paternity, file for a custody and visitation order, oh yeah, child support order will accompany, THEN, you will have a legal leg to stand on when it comes to her denying your right to see your child.