Petition for visitation with grandaughter

[bobbip]

What is the name of your state? Tennessee

My daughter-in-law recently received a summons/petition from the father of their daughter for Joint Custody and Visitation. As she is a single mom with two small children and one on the way there is, naturally, no money for a lawyer. I am not a lawyer but work for one who is only licensed to practice in the state of Florida, and with her help have prepared an Answer to the Petition to file in the court. First of all, am I stupid for doing this? Should I shell out the money for a lawyer for her? The father is totally unfit i.e. he has no driver's license (he drives anyway), he has no job at the moment, he does not pay his total court ordered child support, just a bit here and there, he has no permanent residence, he floats from relative to relative, he drinks, does drugs and so on and so on....He, I believe, doesn't have a snowballs chance of winning this but I am assuming she must respond or he wins, correct? What happens after the Answer is submitted to the court? They never married, his name is on the daughter's birth cert (she is 3 by the way). If anyone has been through this or knows anything that could help us decide what to do, it would be greatly appreciated. Thanks.

 

[LdiJ]

What is the name of your state? Tennessee

My daughter-in-law recently received a summons/petition from the father of their daughter for Joint Custody and Visitation. As she is a single mom with two small children and one on the way there is, naturally, no money for a lawyer. I am not a lawyer but work for one who is only licensed to practice in the state of Florida, and with her help have prepared an Answer to the Petition to file in the court. First of all, am I stupid for doing this? Should I shell out the money for a lawyer for her? The father is totally unfit i.e. he has no driver's license (he drives anyway), he has no job at the moment, he does not pay his total court ordered child support, just a bit here and there, he has no permanent residence, he floats from relative to relative, he drinks, does drugs and so on and so on....He, I believe, doesn't have a snowballs chance of winning this but I am assuming she must respond or he wins, correct? What happens after the Answer is submitted to the court? They never married, his name is on the daughter's birth cert (she is 3 by the way). If anyone has been through this or knows anything that could help us decide what to do, it would be greatly appreciated. Thanks.

Personally I think that yes, if you really want to do the best thing for your daughter and grandchildren, that you should shell out the money for an attorney for her.....particularly if dad has one.

 

[Ohiogal]

What is the name of your state? Tennessee

My daughter-in-law recently received a summons/petition from the father of their daughter for Joint Custody and Visitation.

He will get to see his child and he most likely will get Joint Legal custody.

As she is a single mom with two small children and one on the way there is, naturally, no money for a lawyer.

Okay.

I am not a lawyer but work for one who is only licensed to practice in the state of Florida, and with her help have prepared an Answer to the Petition to file in the court.

Bad idea.

First of all, am I stupid for doing this?

Yes.

Should I shell out the money for a lawyer for her?

Yes.

The father is totally unfit

Your daughter will have to prove that.

i.e. he has no driver's license (he drives anyway),

Illegal but NOT unfit.

he has no job at the moment,

Unemployed but not unfit. Many custodial parent's do not have jobs. Where does your daughter work?

he does not pay his total court ordered child support,

Visitation and child support are SEPARATE issues. Child support is NOT an admission fee to the child.

just a bit here and there,

OKay.

he has no permanent residence,

Okay.

he floats from relative to relative,

So he has a place to stay. How long is he with each relative? Your daughter lives with relatives as well by the way.

he drinks,

Is he over 21? If so that is legal.

does drugs

Prove it. When did he start doing drugs?

and so on and so on....

Nothing you state means he is unfit. How do you KNOW all this anyway? What of this was he doing when your daughter decided to make him a father?

He, I believe, doesn't have a snowballs chance of winning this

You can believe that but you would be wrong. If he wants visitation, he will get it. He may very well get joint legal custody as well.

but I am assuming she must respond or he wins, correct?

Yes and even if she does respond he can win.

What happens after the Answer is submitted to the court?

Your daughter would need to proceed with her case.

They never married, his name is on the daughter's birth cert (she is 3 by the way). If anyone has been through this or knows anything that could help us decide what to do, it would be greatly appreciated. Thanks.

Your daughter has got to reconcile with the idea that if dad wants in his child's life then he will be. She chose him. She and he are bound until death do they part because they BOTH have a child TOGETHER.

 

[CJane]

Gawd... he didn't even file for CUSTODY - just visitation ... and she's trying to make his drinking and unemployedness a case ender?

Holy crap.

And here's something I can tell you from my own experience...

I thought I had a 5 year license. I had a three year license. I didn't even know my license was expired until I got pulled over for speeding. Know what happened when I got 'caught' driving around on a license that had been expired for well over a year?

The officer said "Might want to get that renewed before you get pulled over again" wrote me a ticket, and went on his way.

There's a huge difference between not having a license, or having an expired license, and driving on a suspended license.

 

[moburkes]

How is her "daughter in law" a single mom?

And, if she is a single mom of 2, and has no money, then why is she pregnant again?

 

[CJane]

How is her "daughter in law" a single mom?

And, if she is a single mom of 2, and has no money, then why is she pregnant again?

Do you ALWAYS have to ask logical questions?

I totally missed the in-law/single mom part.

Hmmm....

 

[moburkes]

Do you ALWAYS have to ask logical questions?

I totally missed the in-law/single mom part.

Hmmm....

Well, you all did beat me with the previous responses. I was just sayin'...