Why is this happening?

[#1nana]

What is the name of your state? TN

My son is the unwed father of a 3 month old baby. The mother refused to allow him to see the baby after she was released from the hospital. She stated she was not sure my son was the father on numerous occassions therefore he did not sign an acknowledgement of paternity. This failure to sign the AOP was her reasoning for refusing visitation. She also refused to take the baby for genetic testing although my son agreed to pay for it.

Two months ago he retained an attorney in order to get court-ordered DNA testing and also to petition for 50/50 custody. A court date was set and the judge ordered the testing done. The results came back and my son is indeed the father.

On June 7 he was notified that the custody and child supporting hearing was set for June 21. His attorney also told him she had worked out an agreement with the mother and her attorney for my son to see the baby sixteen hours per week in the meantime. My son was thrilled to be able to see his son before even going to court.

The day before the court date, his attorney called and said it had been cancelled and she would notify him when it was re-scheduled.

On July 15 he received a Temporary Agreed Parenting Order in the mail stating he is to get the child for no more or no less than sixteen hours per week and the mother is to have the sole responsibility of the child.

Question #1: How can his attorney agree to this on his behalf when he never stated he wished only for simple visitation? This was not why he retained her. When she told him this, they were to be going to court in two weeks for a custody hearing and he was excited to be able to see the baby in the meantime.

Question #2: What should he do since his attorney refuses to return phone calls and doesn't seem likely to do so now? He is desperate for some answers and a court date.

 

[BelizeBreeze]

What is the name of your state? TN

My son is the unwed father of a 3 month old baby. The mother refused to allow him to see the baby after she was released from the hospital. She stated she was not sure my son was the father on numerous occassions therefore he did not sign an acknowledgement of paternity. This failure to sign the AOP was her reasoning for refusing visitation. She also refused to take the baby for genetic testing although my son agreed to pay for it.

And because they were unmarried and he did not sign the AOP, he is NOT the father and has no rights to the child.

Two months ago he retained an attorney in order to get court-ordered DNA testing and also to petition for 50/50 custody. A court date was set and the judge ordered the testing done. The results came back and my son is indeed the father.

O.k.

On June 7 he was notified that the custody and child supporting hearing was set for June 21. His attorney also told him she had worked out an agreement with the mother and her attorney for my son to see the baby sixteen hours per week in the meantime. My son was thrilled to be able to see his son before even going to court.

O.K.

The day before the court date, his attorney called and said it had been cancelled and she would notify him when it was re-scheduled.

o.k.

On July 15 he received a Temporary Agreed Parenting Order in the mail stating he is to get the child for no more or no less than sixteen hours per week and the mother is to have the sole responsibility of the child.

o.k.
[/quote]
Question #1: How can his attorney agree to this on his behalf when he never stated he wished only for simple visitation? This was not why he retained her. When she told him this, they were to be going to court in two weeks for a custody hearing and he was excited to be able to see the baby in the meantime.
[/quote]
that is a matter he needs to discuss with his attorney.

Question #2: What should he do since his attorney refuses to return phone calls and doesn't seem likely to do so now? He is desperate for some answers and a court date.

How about him getting off his ass and going to the office for answers?

 

[#1nana]

How about him getting off his ass and going to the office for answers?[/QUOTE]

Fair enough. And just so you know, he has done that. Seems since he originally retained her she has been spending all of her time either in court or on the phone according to her secretary. Imagine that. Now that she has gotten her money, his case is no longer of any importance apparently.

Now would you please just help me.

 

[BelizeBreeze]

.

Now would you please just help me.

The answer to THAT question is no. There is no help for YOU. YOU have nothing to do with this situation.

 

[#1nana]

The answer to THAT question is no. There is no help for YOU. YOU have nothing to do with this situation.

Okay, help him.

I was on here once before on his behalf and you gave excellent advise. I hope you will get past this sarcasm and do the same now.

 

[BelizeBreeze]

Listen, what do you want from this forum?

First, we don't know anything about why the case was continued or when it will be reheard. We don't know the attorney or if she is so busy that she can't jump everytime he calls.

And we have no information as to why he doesn't want to see his child when an agreement has been offered, although the mother does NOT legally have to allow him to see the child.

The ONLY advice we can give based on the facts provided is to either sign the agreement and start visitation or do not sign the agreement and not see the child. And to find another attorney or not.

 

[Halls]

#1nana, So you are saying your son's lawyer agreed to something without your sons permission? Thing is your son has to sign an agreement reached out of court to be valid and enforceable. So unless your son hasn't signed the order than there is no order. Your son needs to go to see his lawyer or talk to her on the phone and tell her he did not agree to this. I would also tell your son that he should look for another lawyer if this one seems to not be acting in his best interest.

 

[#1nana]

#1nana, So you are saying your son's lawyer agreed to something without your sons permission? Thing is your son has to sign an agreement reached out of court to be valid and enforceable. So unless your son hasn't signed the order than there is no order. Your son needs to go to see his lawyer or talk to her on the phone and tell her he did not agree to this. I would also tell your son that he should look for another lawyer if this one seems to not be acting in his best interest.

Thank you. That is exactly what I am saying. My son hasn't signed the order but both attorneys have.

The problem with contacting the attorney is, no matter what he does, she is unavailable to speak with him. He just doesn't know what to do at this point.

 

[NotSoNew]

if he didnt sign anything then he didnt agree to anything, i would be consulting a NEW attorney to find out what the heck is going on here.

 

[nextwife]

Thank you. That is exactly what I am saying. My son hasn't signed the order but both attorneys have.

The problem with contacting the attorney is, no matter what he does, she is unavailable to speak with him. He just doesn't know what to do at this point.

He needs to leave a message for his attorney that he expects her to fight for joint legal custody on his behalf and that he will not sign the "agreement" until so ammended. And that she was retained to represent him in establishing not just visitation, but shared custody rights for HIS child (IF he made it clear that was what he wanted).

 

[Ohiogal]

It was a temporary order from what I am seeing> that can be just as simple as the court ordered this temporarily. Meaning the attorney didnt' agree to anything but just signed off that she got the judgment. That happens. Believe it or not. The attorney may not have worked anything out temporarily but is trying for a permanent deal. A temporary order does not remove rights from a party. It sets a TEMPORARY -- not permanent but temporary -- method of doing things. If your son is not interested in only 16 hours how is he going to show the court that he is interested in 50/50 parenting? The baby is young and he needs to get to know the child. Quit assuming that the attorney did something wrong.

 

[#1nana]

It was a temporary order from what I am seeing> that can be just as simple as the court ordered this temporarily. Meaning the attorney didnt' agree to anything but just signed off that she got the judgment. That happens. Believe it or not. The attorney may not have worked anything out temporarily but is trying for a permanent deal. A temporary order does not remove rights from a party. It sets a TEMPORARY -- not permanent but temporary -- method of doing things. If your son is not interested in only 16 hours how is he going to show the court that he is interested in 50/50 parenting? The baby is young and he needs to get to know the child. Quit assuming that the attorney did something wrong.

Like I said before, when my son's attorney contacted him on June 7 with the 16 hour per week visitation he was thrilled. Since then he has gotten him for the allowed 16 hour visits each week. He just wants to be able to spend more time with the baby than that.

If he had not wanted to be a Daddy to this baby, he would not have retained an attorney in the first place. My son is the one who initiated all of this in order to be in the baby's life.

He just doesn't understand how all of this 'temporary' stuff works, nor do I. He doesn't want to make any mistakes and lessen his chances for 50/50 custody. Children deserve a relationship with both parents.

 

[LdiJ]

It was a temporary order from what I am seeing> that can be just as simple as the court ordered this temporarily. Meaning the attorney didnt' agree to anything but just signed off that she got the judgment. That happens. Believe it or not. The attorney may not have worked anything out temporarily but is trying for a permanent deal. A temporary order does not remove rights from a party. It sets a TEMPORARY -- not permanent but temporary -- method of doing things. If your son is not interested in only 16 hours how is he going to show the court that he is interested in 50/50 parenting? The baby is young and he needs to get to know the child. Quit assuming that the attorney did something wrong.

I wholeheartedly agree. The attorney informed him in advance that she had worked out a temporary agreement for him to see the child until custody was decided. He was ok with it then. How can he expect to get anything more when the hearing hasn't even been held yet? There is nothing more that his attorney can do for him until its argued in front of the judge.

 

[#1nana]

I wholeheartedly agree. The attorney informed him in advance that she had worked out a temporary agreement for him to see the child until custody was decided. He was ok with it then. How can he expect to get anything more when the hearing hasn't even been held yet? There is nothing more that his attorney can do for him until its argued in front of the judge.

The problem is it didn't exactly happen like that. According to my son, his attorney said she was trying to get him a few visits with the baby until his court date on June 21. This is where the 16 hours per week came. My son agreed to that thinking they were going to court on the 21st and then he would have more time with the baby after that. Then all of the sudden the day before court, his attorney cancelled and has not rescheduled. Since then he has not been able to speak with her.

He feels like he is now stuck with only 16 hours per week. The attorney never told him he was agreeing to a temporary arrangement with no court date in sight.

 

[Ohiogal]

The problem is it didn't exactly happen like that. According to my son, his attorney said she was trying to get him a few visits with the baby until his court date on June 21. This is where the 16 hours per week came. My son agreed to that thinking they were going to court on the 21st and then he would have more time with the baby after that. Then all of the sudden the day before court, his attorney cancelled and has not rescheduled. Since then he has not been able to speak with her.

He feels like he is now stuck with only 16 hours per week. The attorney never told him he was agreeing to a temporary arrangement with no court date in sight.

NO NO NO NO NO NO. It is a temporary order. meaning it is temporary until the final hearing. And the attorney is not in control of rescheduling. the court is. Until the court decides to reschedule the hearing that is nothing that can be done. 16 hours a week with a three month old for an unmarried father on a temporary schedule is a good thing. he gets to show the court how serious he is at being a daddy by exercising his visitation and putting his child first. He shouldn't be getting the child nad dropping baby with you and going out with friends. he should be doing everything possible for this child in the 16 hours he has her per week -- changing diapers, putting her down for a nap, the whole thing. He needs to get used to being a father and this is a fantastic amount of time. Most unwed fathers do not get that amount of time in these situations before a permanent order. So what he should do is exercise every minute of those 16 hours.