Need help and/or advice please---kinda long

NCWayne

Well-known Member
Hey guys, most of you that 'know me' from here know I've been posting on here for around 4 or 5 years and those that have actually met me know even better that I'm not just some sorry good for nothing who is too lazy to do things for myself. I own my own business and work my a$$ off to take care of my family. In other words I wouldn't be here asking this if I hadn't nearly reached the end of my rope with this.

That said if any of you remember I posted on here about about year ago about the court battle my wife and I were going through with her daughters bilogical father. For reference purposes the little girl will be 7 in December.

Long story cut down alot but still kinda long (SORRY for the length): Basically the biological father was given the chance to stand up and be a man when the pregnancy was discovered but claimed the child wasn't his, she wan't pregnant, etc. In other words he had dumped her,found another woman, moved on, and didn't care. My wife suffered a very complicated pregnancy where the child was born nearly 3 months premature and both of them nearly died several times over the course of the pregnancy and ultimate delivery by C section due to the baby being in distress. Given all she was already going through she didn't have the time, energy, or financial means to go after him right after birth. Further, as she had time to think about things, she figured it better not to 'force' someone to be around that didn't want to be and then to have to put up with the BS associated with all of it. She had a good job and though she struggled she got by and got back on her feet on her own.....WITHOUT GOVERNMENT ASSISTANCE I MIGHT ADD FOR THOSE SO INCLINED TO CLAIM OTHERWISE.

So she toughed things out, and afer a few years finally got back on her feet, and was going back to school, only to get hit with a lawsuit four years after the birth. At the time he had never had any contact with the child beyond a once a year call to her parents house on Christmas Eve (where he knew she would normally be). This was (and has been verified true by his current wife/girlfriend at the time, usually when he was drunk). The typical call consisted of saying," I want to see 'er", but then when asked to shoulder the responsibilities stated that she wan't his. Needless to say he never saw her. When the lawsuit was filed it was asking for FULL CUSTODY AND FOR MY WIFE TO PAY HIM SUPPORT. Needless to say when we got to court he didn't get what he wanted.

As it turned out my wife got FULL LEGAL AND PHYSICAL CUSTODY and he wound up with nothing but an order for temporary visitation, and an order for ongoing support and three years worth of arrears.

At 4 years old the child was a bit freaked out, to say the least, about this guy popping up into her life so as part of the order there was also therapy ordered. Here the judge screwed up and ordered visitation before a therapist could even be found. As such we tried to wipe the slate clean for this guy and make the best of the situation but from the start he kept pushing for more and more visitation/time over and above the order. The more he pushed the more stressed the child became and she began to get very clingy, have nightmares, etc. We tried to tell him this but the response we always got was that he(and his wife who is studying therpy) just couldn't believe these problems were occuring. When therapy was finally started we were told by the therapist to go back to the order and follow it for the only the time stated, no more. This was something she later denied she said in front of my wife and the biological father. The loss of his extra time had already made him very unhappy and the denial by the therapist made things even worse. From that point on things went further downhill. Given the loss of trust with my wife the therapist recommended we find someone else, something we had already planned to do given her "retraction" and subsequent placement of blame for stopping/reducing the visits on my wife.

We eventually found another therapist and once again she stopped the visits completely until she could asses the situation. During that time the nightmares, bad thoughts, etc all stopped. The personal visits with just the child and the therapist eventually progressed to joint sessions with the biological father and the child together with the therapist. Once again the nightmares and 'bad thoughs' started. The problem is everything is being blamed on us due to the tension between the adults, and not on him for forcing the situation. Even though that is what the child has told us more than once is causing her the stress. (and yes she can tell you what stress is, even at 7, and it's real close to what I feel when I'm stressed so she has a good handle on her feelings) She has even stated she doesn't think he is a bad guy if he would just listen to what she tells him and quit forcing her to visit and play with him.

Let me note here that he put both myself and my wife in debt up to "HERE" in lawyer fees fighting a 'full custody' lawsuit, but when he got to court all he said was I don't want custody, instead 'I just want to see her'. As it stands now, since day one, he has never paid a full month of support, and hasn't paid a dime toward arrears. We have had him back to court over it twice and the second time now have a suspended 30 day sentence hanging over his head, contingent on him paying in full and on time. That was three months ago and he didn't even make the first payment after court in full or on time. Basically it seems he wants all of the "rights" of fatherhood but can't handle the responsibilities. We have heard several times from he and his wife that they didn't think the support was going to be so high.......does that mean they wouldn't have gone through with this mess had they known otherwise???? Any way it goes he shows up in court every time with a lawyer who has told us he hasn't been paid completely yet and is working semi pro-bono. In the meantime my wife and I are doing this all ourself, Pro-Se, plus trying to work and take care of a child. Top all of this by the fact that we have caught him/his wife in several lies, things said and things observed just don't match up, etc etc etc. I just keeps getting worse.........

Even though we have done nothing but voice the childs thoughts to us on the situation, when they don't go along with what the father wants we have been called every form of liar you can think of for every reason you can think of. Supposidly she isn't old enough to form her own opinions as to whether to have the relationship or not..UNLESS she chooses to have it. You know as well as I do you can't force any kind of relationship. Moving on we've been accused of telling the child he was a bad person, not urging her to have a relationship with him, etc etc etc. and that is all the reason she really doesn't want a relationship with him. In other words he can't seem to form a relationship with the child because she doesn't really want it, and that's just because we don't want it. On the contrary we have urged, conjoled, and even had to force her to go to the visits whether she wanted to or not. We have gone out of our way to not make him look bad but the child sees it on her own, and it's not our fault she sees it.... Ultimately we had to tell her to just go, play, and have fun and not worry about everything else that we would handle the adult stuff. Now the child is seeing that her playing and having fun has given the wrong impression to the therapist. We then pass on what we're told by the child but the fact she goes and has fun whether she wants to be there or not has made the wrong impression and now we're having to try to deal with that as well. It feels like a lose lose situation any way we turn. Do what they say and it has to opposite effect,do the opposite and it doesn't work either. In the end YOU CAN NOT FORCE A RELATIONSHIP WITH ANYONE,ESPECIALLY WITH A CHILD.

This all reached a peak several weeks back when the child had a sever nose bleed the night of one of the joint sessions and didn't get to go because she had to go the urgent care. Then the next week she "had an accident" at daycare and her reason she gave was she was stressed about the visits. (This has only happened once before and that was a year ago after another partucularly stressing visit).

The therapy sessions were bi-weekly with a joint session one night and a personal session the following night. She missed the session the night of the nose bleed so had that week and then missed last week too because he didn't want to meet and talk. So in that time span she hasn't seen him in nearly a month. This past weekend was the first weekend she has gone completely through without a nightmare. In the meantime she has drawn pics of herself kicking him between the legs, of him taking her away from me and her mom, etc etc. She has done all she knows to put her fears down on paper and express them to us but it all seems for nothing because it's all deemed to be out fault for causing her the stress when we pass the info on. She has said she doesn't/wouldn't mind having a relationship with him but she wants it on her terms, not something manditory or forced. The therapist is in a near impossible situation because she wants to schedule visits but my wife and I have pretty much refused to schedule anything manditory because he uses that small "right" to get his foot in the door and to push for more. Which we know from experience he will do and then get mad if we have to back things off again or even more. I've already let it be known that anytime she didn't want to go with him she will not go and if he wants to make trouble and force his right then THERE WILL BE TROUBLE.

Ultimately all we have asked is for him to back off and let her come to him in her own terms and in her own time...Still he doesn't trust us to do it even though we've stated numerous times we would. Heck we even offered to give him visitation "rights" and have it typed up and somehow "legalized" even if he signed away his rights and let me adopt...this would even let him off of the hook for support but he doesn't seem to care, I guess since he isn't paying anyway. No matter what we try it's never enough to make him happy. We even offered to set down last week and have a meeting in the therapist office with him to let him know what was going on and ask him to simply back off and let the relatinship developt naturally, at the childs pace, if he really wanted a good relationship with her out of this mess. His response was to deny the meeting and say something to the effect of he'd just have to go talk to his lawyer about it.

This leads me to today and us needing help. As it stands my wife and I have been working our butts off trying to be both parents and lawyers through this mess. We had a lawyer until just after court a year ago and just paid the final installment on their bill a month or so ago. Now we're broke and still trying to do this all ourselves. Granted we've learned alot and done alot over the past year doing this ourselves. Heck the judge last time told both my wife and I we should be lawyers given our knowledge and preperation for the case. Even then it has all taken a major toll on us and now we're down to having to go back in front of a judge at some point after the first of the year to #1 send his butt to jail for not paying support, and then maybe/also probably getting called in ourself for contempt if we don't follow the order or the therapist recommendation and FORCE the child see him. The thing is we NEED a lawyer now as much or more than ever but can't find anyone that is willing to work for us Pro-Bono. It's sad that 'he' can get a lawyer to work for him that has said(told us face to face) he hasn't been paid completely for the parts he was supposed to be paid for yet is now working for him for free. Meanwhile my wife and I are busting our a$$es trying to do it all, survive the bad economy along with shouldering nearly a years pay worth of lawyers fees that deleted all of our savings.... and now when we need it we can't find anyone to help us......we just have to keep on busting our a$$ and doing it all ourself. Which we can and will do if we have to, that's just what parents do.

Sorry for the long post but maybe you get some idea of the mess my wife and I and more so our little girl has been going through over the past year. That leads me to my final question,DOES ANYONE OUT THERE KNOW OF A LAWYER IN THE STATE OF NC, MORE SPECIFICALLY IN MECKLENBURG COUNTY THAT MIGHT BE WILLING TO AT LEAST TALK TO US AND OR, MAAAAAAYBE BE WILLING TO DO SOME PRO-BONO WORK FOR US IN THIS MESS????????? Even though I can do alot of the behind the scenes research and stuff to prepare the case my wife is still the only one really legally able to do anything here. That puts alot more stress on her than she needs right now. Especially when she's already faced with the Wells Fargo take over of Wachovia and no guarantees on her job, plus my slowdown in work, the bills that we just are able to pay every month...after we've spent nearly $100 a month on a therapist paying to teach dumb a$$ to be a father, having him not pay his ordered support amount ($300 shy every month or over $3000 to date), having not been reimbursed for his share of medical expenses (his half of the therapy sessions included) for a year (nearly $800), all on top of having no savings to fall back on because of paying the lawyers the first go around. IF ANYBODY KNOWS ANYBODY OR HAS ANY IDEAS WHAT WE CAN DO PLEASE LET US KNOW. WE ARE AT OUT WITTS END WITH THIS GUY, AND THIS WHOLE MESS AND IT'S NOT GETTING ANY BETTER.....Plus we don't qualify for any real "government" help because she never took anything from from the government in the way of food stamps, medicade, etc etc.......

I'm just crossing my fingers and praying that there are at least a few lawyers on here that knows someone, that know someone, ----- that can help, or even a non lawyer that knows someone that knows someone........If you know anyting please post back to me here or you can email me at [email protected] THANKS FOR ANY LEADS AND/OR HELP PROVIDED....
 
You have a big mess there and you have my best wishes in dealing with it. I can be of no help with the finding of an attorney to help. I can only offer a couple of suggestions to help, just in case you have not thought of them yet. try to find a judge that will tie visitation to child support. (no pay up, no get to see child). since he does not pay up, he does not get visitation. I agree, find a new therapist. also, document all his lies, yelling, bad behavior for future use against him in court. you may be able to get his rights terminated. you need a judge that puts the emotional needs of the child first. good luck
 
Sorry, I have no idea where you may find a lawyer.
However I am going to make you angry . I was in much the same situation 29 years ago, except the shoe was on the other foot. My wife left me before our son was born and I spent the next 15 years fighting for my parental rights.
Just from the way you tell your story and your description of the father you display your true feelings about him and your daughter picks up on this. You would not believe the things that were said about me even to the point of accusing me of child abuse and drug use under oath. Does this man pose a physical threat to the child? Not what YOU think is possible but what is real?
You admit that any interaction between the adults involved is tense and strained. Your daughter knows this and she knows that going to see her father causes stress in your household, a 7 year old wants to be loved and accepted and does not need to be made to feel guilty about going to see her father. Every time their is a discussion or an argument in your home about this situation she feels guilt and anxiety about pleasing you and your wife.
Sounds to me as though you are shopping therapists until you find one that agrees with your position.
Does NC not have child advocate attornies thru the family court system? This would be lawyers and counselers working for the state or county that work for the child independant of any adults involved.
Remember whether you like it or not this man is the girls father and they have the RIGHT to know each other and to develop a relationship. You admit yourself that when she does see her father that she does play smile and appears to have a good time, after she comes home is when she displays stress related symptoms. My advice to you is to back off relax and unless there is a REAL(not perceived) potential for abuse in the fathers home set up a reasonable visitation schedule and as time goes on if they want to spend more time together cheer them on and encourage it. Doing this will pay you back in spades down the road as she will grow in two households of love.
thirty years ago I was kind of a worthless bum, and probably not the best father that I could be either, but I matured and stepped up to the plate, and became a decent member of society.
Last Christmas when my son and two beautiful grandchildren were out my son told me some of the things his mother attempted, some intential some subconciously to sabatoge our relationship.
He told about after coming home how he was grilled about what went on in my house while he was there and the pressure he felt from his mother to spin me in a bad light.
Please step back and take another look at this thing. Do not let bad blood between your wife and her ex poison a father daughter relationship just for revenge sake.
 
Boy oh boy does this country ever need a looser pays court system ! This would likely stop alot of this junk !
 
Not so fast. While it may work here it is often about who has the deepest pockets as far as getting a lawyer. The guy who can get the best money can buy (in his geographic area) is most likely going to prevail over the guy whose lawyer was available because the good ones were booked. Heck, I've seen where somebody had the juice to get someone from Albany or NYC.
Some other way, please.
 
Have heard of many cases such as yours where a worthless piece of crap person such as the childs father is draining you mentally, physically, and financially intentionally. He is on a power trip just because he can be. It is unfortunate that the relationship even happened to create your mess and the trauma that the child will have to endure. The best thing that could happen at this point would be a for the problematic so called "father" to suddenly disappear. He would make good well filling material here in the south and the world and you folks would be better off. Maybe severe solution but the truth.
 
Sounds like a mess.

I have a friend that has a granddaughter. The granddaughters dad committed suicide 5 years ago, real tragic. But here is the kicker.....The mother of the little girl doesnt give a rip about this friend of mine and all grandparents rights are gone, because their son is dead. So there is no blood link to this grandparent and the little girls mother is shacked up with another guy now. So the chances of seeing the granddaughter ever again is nill.
 
Wayne, have you adopted this child? I'm no expert, but it would seem that would put an end to this. WOuldn't think he'd have much of a leg to stand on until he's caught up on child support that he didn't think was necessary for the last 7 years.


As others have stated, he may just be trying to pi$$ you off and drain you mentally, physically, and financially.
 
I have nothing to offer in the way of lawyer contacts-sorry. I would like to say 'thanx' for accepting her as your own and trying to work with this situation as best as you can. It sounds like it is a constant struggle, and must be very hard to deal with. Greg
 
You might get a lawyer to work for nothing if you were in prison for killing somebody and it was obvious that you didnt do it.One of the things thats been beat up with all thats gone on with our country is your rights.In this case you dont have any.Plus you could find yourself in jail if you are interfering with his visitation,and it sounds like you are even though you say you arent.Also lawyers are a bunch of crooks.If what you say is true,but even writing it yourself I know there is another side to this story,and from his perspective it probably is not so good on you.It doesnt really matter what you think you are doing because what is supposed to be happening is what the Judge said to do.That means that whatever you say is mostly irrelevant.If you get in court,and you didnt obey any of the court order,like you say you can go to jail for contempt of court.You could very well do that if you argue with the Judge,lawyer or not.
The whole thing is a mess,you most likely wont get any help.A few years ago the county where I had to go to court for the same thing on the other side had over a million cases to deal with.I dont know how many lawyers were in that county but no possible way that they could handle that many cases.Plus lawyers dont even like to mess with cases like that,and your story is why.If what you say about the therapist deal is true,your lawyer shouldnt have allowed that in the first place.Im not saying a therapist isnt needed,but what you have is leverage against your wife with this therapist.Anyway Im not a lawyer.You dont want a judge deciding your life for you,but unfortunately that is what your wife has to do.
You dont sound like a bad guy,but this is not your argument,fight or anything to do with you or what you want.Actually your best bet is to pay a lawyer and maybe make a suggestion or 2 but keep your nose out of it.You have the wrong idea if you think you can manipulate any part of it,and you will stir up something you cant handle,which is actually what it sounds like has happened.Whatever laws in the State are is how its going to get handled.Also put yourself on the other side.How would you like to be a Judge in your case?I know what you think you are,but you really are way better off to stay out of it and pay a lawyer.Unfortunately thats all you can do.You might talk to a lawyer,that doesnt cost anything most of the time.However it doesnt help much either.It kind of sounds like the lawyer you did have wasnt very good,or you went in there and told him what you were going to do,and he overcharged his way out of your mess.However I dont know,but what Im saying doesnt cost you anything.Remember,you dont have any say,the Judge does.It rips your guts out I know,but you dont have any say,or very little.Now you think you know stuff,but it doesnt matter because unless you get a lawyer to present it,you may as well be ignorant.I mean it sounds like you have a good idea of whats going on,but to get it to go any way you want it to,you will have to pay a lawyer to get it considered.Yeah its expensive,and you wont get any help most likely.I know you think you are doing a good thing,but actually you could be the biggest part of the problem.Thats what it sounds like to me from what you wrote.
 
I am single so have no first hand experience but my best friend is in the exact same situation you are. The sperm donor has not been as big a puncture wound as in your case. I talked to my buddy a few minutes ago and his advice is do what ever it takes to get the dad incarcerated for deliquent child support. He will either pony up like the court has ordered or he will be in jail for several short stints until he gets the idea. It is likely if he goes to jail he will lose his job which will weaken his position, hopefully brake him. And while in jail he can not have visitation so the childs mental health gets a sanity break.
As you stated, the biological dad thinks he can have full parental rights with out making the commitment to financially supporting the child to the extent the court has ordered. Play that card, it is the simplest and quickest way to remedy the "its not mine" dad. On the other hand if the guy gets his act together and starts paying everything the court has ordered him, do not stand in the way then. If he can improve the situation from his end, then you have to be man enough to recognize that and give him the rights he has as the biological father.
Good luck and happy holidays
 
Lets see where to start. I've heard both sides from numerous people and let me tell you there is only one true side to this. I've heard nothing but excuses from this POS as to why he didn't do this or that and none of them add up. I'll also tell yyou based on court testimony the judge stated to the lawyers "in chambers" that it was obvious the guy was a dumba$$. He wants all of the rights associated with a parent and pushes and pushes for them but when it comes to his responsibilities he is too lazy to get off of his a$$ and get a real job to make sure his support gets paid. He'd rather play the I'm a poor uneducated country boy routine and expect people to feel sorry for him than to take responsibility for his own actions. He'd rather keep claiming self employeement and getting paid in cash and showing just enouh income to keep going yet say he makes nothing. This is what happened when we were last in court and we had his handwritten "reciepts" in hand showing what he made. The total, after removing 30% for taxes was within $100 of what the support was based on yet he still claimed he wasn't making anything,that's the very reason he has a susspended sentence over his head.

Yes lawyers can be bad but they are also a necessary evil when your trying to navigate something as screwed up as this. Yes you can find a lawyer to work for free, he played that poor country boy, repentent dad,, or whatever card and he did it. He had three years to plan this and broadside my wife but then claims he didn't know all of this stuff......If it weren't for me coming into the pic he would have run over her like a steam roller and that'ws what he wanted. Now he's mad because I am in the picture and I am supporting MY wife and daughter and he's not getting what he paid god moneyto try to get..........I could go on but won't.........
 
Would love to adopt and have suggested it and then had it thrown in our faces in court as trying to keep her from him. Then they bring it up and actually ask for a meeting in the therapist office about it only to be told he won't allow it. His first words in the meeting was I don't want to be locked up. Basically he used it as a ploy to keep us from filing a motion to have the judgment execute to have him locked up. We did wait and not it'll be after the first of the year before we can go to court and have him locked up. In the meantime we still have to deal with watching our little girl suffering the effects of severe anxiety and force meetings, etc, OR go into contempt ourself and refuse to allow him to see her until he takes it back to court. It's a no win either way and the child is stuckin the middle. Ultimately though for an adoption to happen he has to OK it now that he has established paternity, something he states he won't do. We need to find a way to force it and need a lawyer who knows what they are doing to do so.
 
You are not going to like my answer either. I have worn both pairs of shoes -divorced twice.

The first was when mothers got physical custody--end of sentence, and dads were dead beats by the news media.

Second go round, I got physical custody of a two year old, my wife was ten years younger, and had a fourteen year old daughter that I had no rights to. Unheard of decision by the judge in the state of Iowa.

My second wife had a daughter out of wed lock and we raised her without a single cent from the tax payer. We offered visitation, and it was denied by the biolgical father. Never a cent of child support in any form, and life went on.

It is human nature to fight back like in your case. If you and your wife would sit down and think this over and realize the big picture, your attatudes would change.

All the money you have spent, and still a problem with the child? Well the child is working the system, or pulling the wool over your eyes. If you think she has you on a battle ground right now, wait a few years. Your troubles are just starting.

Regardless of what the child is telling you, she can be turned around. This is where you come in to play. Meet at a park, and you and your wife must take the higher road and be a friend to the dad--end the freaking negative crap that is surfacing. I will state it is not easy, and certianly would suggest meeting only in public places for now anyway.

You have not stated your age, but I'm thinking you with your knowledge, you should be able to win the little girl over, and not by force. Your wife and your attatude sets the stage for the child. I'm not blaming you, you are human, and have been drug through a knot hole. I took that road myself, and lived to regret it for ever.

You mentioned a therapist that will give the answers you want to hear. That ain't a going to happen my friend, if they are of any quality. Most are more concerned on the clock running that the well being of your step daughter.

I'm tough on you I know, and you are ticked at my coments no doubt. But here it is, and I forgive you for your attatude towards me, I nuderstand how you feel.

I or the courts would be a whole lot more sympathetic if your questions were all about how to make things better with the little one. This should be your only concern.

Agin, I wore both shoes, and can tell you there is no end to this given the fighting attatude. In our state visitation and child support are two different things, not relate what so ever, and often misunderstood. The reason for that is the courts are looking out for the child, not the parents.

Your disposition reflects on the child, even not discusing the dad in a positive role is detected by the child regardless what you think you are trying to convey. Alot of this you can not help, and probably not aware of. Every time the attorneys bill comes due, it is only human to get upset. I might add that all the attorney fees has got you no where either.

You can not change this mess real fast, but it can be done if the effort is chaneled in the right direction---there is no big book on right from wrong.

Inviting dad over for supper is cheaper than a single phone call to a attorney, or therapist. You are unaware that you are a victum yourself in this mess, as is everyone involved.

Teachers were a big help in my case of my son not wanting to go visit mom. Mom is not a bad person, she just did a few things or guys I should say that made a relationship hard to handle. I'm to bullheaded to visit with her, and I need a good kick for my attatude. She has exercised her visitation without exception, and I respect her for that.

I have to end this, as I'm going to my first ex-wives place for Thanksgiving to visit my grand children. OH yea, this didn't happen real sudden like. She remarried to a decent guy, who had no part of our divoece, and we visit like old friends---It is hard for me to not make comments on the ex, given my big mouth and all. But it is best for me to shut up. She knows what I know, so she doesn't make any remarks either.

Kinda tough I know, but I have been helping divorced folks for twenty five years or so. My phone rings three to four times every evening with troubled minds. They are usualy right up your story book, and convey attatudes like yours. I don't take credit for my position, almost every word was dumped on me by a friend who told me to quit feeling sorry for myself, and making myself a victum.

By the way, I hated his guts for a long time before the light bulbs started comming on. 99% of your issues you can side step, not to mention the stress of court....my book on going to court will be a big book. do I understand? Sure when a mother does not get custody of a child in Iowa, and has lots of money from her husband / old school teacher.

If you think this is a lot of reading, her attorney tossed papers at me on a weekly basis, if nothing else, think of all the trees that were cut down in your case to make all the legal papers. You could have built a new house with all thaose trees.
 
Check state law, in NC if he had adopted her then that is as legal of a bond as blood and the grandparents have grandparents rights. Unfortunately your state may be different. Tell your friend he can check the General Assembly site for your state and read all of the statutes concerning this. He might even want to ask a lawyer for a free consult. Like I say your state may be different but IF the guy adopted then your friend may have a right.
 
YOU KNOW SO FEW FACTS ABOUT THIS CASE SO YOU HAVE NO RIGHT TO EVEN MAKE A COMMENT LIKE THAT. SO I'LL SAY ONLY THANK YOU FOR YOUR SENSLESS REPLY,AND I'LL REFRAIN FROM TELLING YOU EXACTLY WHAT I THINK BECAUSE I'D LIKE FOR THIS POST TO STAY UP.
 
call your state bar assn and they can refer you to a bottom deweller in your area that practices in that type of law .
 
Hate it for everyone involved. Don't know any lawyers in NC, but if you don't pay your child support in KY you got to jail. Keep you your chin up and remember to always do whats right for the kid. I know its sucks sometimes. Best of luck to you my friend.
 
You sound just like the therapist. We had no animosity between the adults until the lying and name calling started from the other side. OUr daughter has no problem saying she would like a relationship with the guy but wants it on her own terms, just like she would with an Aunt or Uncle. She has a family. As far as RIGHTS, check your own state law, a father only has rights as it pertains to property being passed down, etc. beyond that he has obligations or responsibilities. In NC if I had married my wife before the child was born the simple fact we were married would make me the legal father unless I claimed and could prove otherwise. In other words the 'FATHER' is nothing but the man that takes care of the child and proclaims it to be his own, and/or has court ordered support. A mother has a physical right, a Father has no physical rights and is there legally for nothing but the obligation to support. Like I said as far as rights he has only what the court gives or doesn't give him.
 
If you don't want to read it THEN DON'T. I don't needed Dear Abby nor did I ask for a bunch of "Smart a$$ remarks". Like I said I've been posing here for alot more years than I remember you being around and I consider the guys on here friends. In this case all of my friends around here, locally, know about this and have done all they know to help out. All I was doing here was asking more friends, with ALOT wider range of knowledge and access, if they had any ideas or anything else, especially since I know there is a lawyer, or ex lawyer, or two that are supposed to be on here.

Taking a few minutes to read something, if you so desire, is one thing so I'M SORRY IF IT WAS TOO LONG FOR YOUR SENSABILITIES. ALL I CAN SAY IS TRY LIVING IT FOR OVER TWO YEARS OR IN MY WIFES CASE OVER THREE YEARS AND YOU'LL APPRECIATE THE ABREVIATED VERSION I GAVE.
 
Thanks, we plan to file after the first and set his butt in jail. He can't have his visitation there either.........
 
We know plenty of the bottom dwellers, and sone that are top feeders too, but they all want to be paid and he broke us the first time around. Now he claims the reason he can't pay is that he is broke yet he still has a lawyer, which the judge has noted, but according to his lawyer he hasn't been properly paid either and is working pro bono at the moment. Hopefully his lawyer won't put up with working free too long and then the guy will be on his own too.
 
I'm 41, my wife is 37, and I understand what your saying, no hard feelings toward you. The problem is we have done everything you say and tried to establish a relationship with him and his wife and have told him the best way to establish one with the child. The little girl is 7 and isn't pulling any wool. She says she wants a relationship and we're OK with it, but it has to be on her terms, NOT his THAT IS OUR ONLY PROBLEM WITH HIM (other than not paying support when he is the one that initiated this action and asked for it). He can't seem to understand that he can't FORCE a relationship no matter who tells him. The problem is HE want's everything right away, on HIS terms and it is causing stress for the child. Even his lawyer has said he has "tunnel vision" and can't see beyond his own wants. As it was things started out fine when he was getting more and more time with the kid but turned South when the first therapist cut him off. As long as he gets what he wants in his time he is happy, when he doesn't the name calling starts and that is what our problem is. beyond that no matter how we "really" feel we have done everything we possibly could to make this happen for him and for the child but it's not going to happen like HE wants it too so.....he wants rights but not responsibilities.....so what do you do??????????
 
Ohio is supposed to be that way
However found out in court the father has more rights than the the kid.
sure wasn't that way when I was paying support all them years
OR is it because I am an outsider who moved a local gal 2 hours away.
I HAD TO PROVE IN COURT that I have no record, had to bring FBI check, Ohio check, letter from local Children's services, letter from employer etc.
He makes alll kind of accusations and can't back them up. Judge kept insisting that custody be "voluntarily" signed over. End results was my wife still has custody, no change. HOWEVER there now is a court document that says she lacks judgement in marring me and he is a fine person for bringing it up.
HE has a criminal record, no drivers lic. over 10 k behind on child support for his 5 kids by 5 different women.
My wife and I never haver been in any kind of trouble, no jail records notheiong.
Lawyer wanted over 5k to challenge the Judges comments
Already out 3-5k fighting
good luck
Ron
 
Wayne,
Don't let that one get to you. That handle has had more off topic posts than most, and rarely has anything good to say about life in general.
I'm sorry to hear of your situation, and I wish you the best. Glad to know you think of the people on here as friends. Most are as good of friends as you'd ever hope to find. I hope you can at least enjoy your Thanksgiving day today.
 
We plan to do just that and would have already done it if the court calender had not been full til the new year. As for the job deal he is "self employeed" and works strickly for cash. If he gets a check it goes straight to cash. That much we can prove, beyond that he doctors what he does make to make it look like less, and that is really hard to prove even though we know for a fact (don't ask how, the reason we can't use it in court) that is is happening. As far as RIGHTS as a biological father read my reply to the bottom post. Here in NC there is no real 'right' much beyond inheritence type issues, beyind that the law is all about the fathers obligation to support the child. As far as the relationship we have bent over backwards to help the man establish a relationship but it isn't enough because he keeps asking for more more more even with the signs of stress it is causing his "daughter". She feels like he wants to ake her away from her family no matter what he tells her because she bases her feelings on his actions as much as his words just like everyone else does.
 
check around there are legal aid groups ,they make help you find someone to work pro bono or for reduced fees .In ILL lawyers are required to do so much pro bono I belive .
 
Thanks for the suggestion. Unfortunately in NC it's a Pro-Bono work is a respectible thing to do and looked at favoribly, but not required as it is in some states. We've looked for nearly a year to no avail. Maybe after the first of the year things will change since my wife has signed us up for "legal aid" insurance through her work. It may help, it may not, but anything that relieves a little stress and work off of us will be better than nothing at this point in time.
 
Thanks, it just pi$$es me off when people who know so little think they have a right to make judgments. I'm not a Bible thumper but am religious and went to 10 years of private Christian school so I know the Bible says, "Let him that is without sin cast the first stone..." So, while I agree with the sentiment of the post it was totally innapropriate in this context.
 
I agree with some of the folks here. Talk to Child Services for your county. Push like mad for them to go after him for lack of the child support. Then once it is in the court. Since he is self employed try to get them to set his weekly wage income atleast a 40 hr week at minium wage. This is how they figured my wife"s X income due to him being self employed. It might not be alot , but if he does not pay they will go after him.
Good Luck
Bob
 
I have to big a mouth to just shut up here, but can sure give you some sound advise as what not to do.

Think about this guy! You did not post anything aggressive towards me--that is a positive. Others have been perhaps more sensative than me and you attact them. You are human for crying out loud, but if you act that way in court, or near a therapist you are doing your case a disfavor. You have to have the attitude of being a victum needing the courts help. Your goal is not one of hate....that gets you nowhere real fast.

It makes no differance what the heck I say or anyone else including the father---YOU have to turn the other cheek and smile. The judge is watching your behavior in that court room--he knows what your attatude is by your physical language as well as what you say.

KEEP cool and play the inocent victum here for crying out loud--your goal is not to see the dad in jail---your ONLY concern is what is best for the little one. Any frakin attorney should have told you this in the begining.

Putting dad in jail so the daughter can tell all the kids at school daddys in jail? For heavens sake let the judge pass that judgment--not you wanting that order. Just ask the judge plesantly for some help, because you are having a struggle with the dollars--that is all you need to say, the rest you are shooting yourself in the foot.

Keep a very accurate diary of the events with date and time and witnesses---but then point out the dads positive points that you are THANKFULL FOR--for the child.

A attorney that comes to court demanding, making a drama queen out of himself is hurting your case as well---keep it civial and to the point--no emotions other than you feel sorry for the little one. The judge will put a gold star on your report, and favor your rational decisions or wishes. BUT you should refer to them as solutions to a problem, not your wishes. Judges aren't all that stupid, even though they are ex-attorneys--he is watching you at all times.

Is it important in your state that you must file contempt charges, or does the state do that on it's own? Some states take away drivers licence for not paying child support. Does that make sence? A dead beat dad having no money, now has no way to get to work. How much money can he make in jail? This is not what I think, but what do you realy think the judge is thinking?

Keep track of expences involved to the cent to present your case--no BSing, as if you bend the numbers, or get nit pickey, it hurts your case.

In your disfavor rides the fact that the judge reads the papers, and notices a lack of employment. That is a tough one to take. I'm unsure how that will shake out.

Lets be fair here and put yourself in the judges place--you need money? This judge makes lots of money compared to you and the dad. So how do you respond to the folks in the slums not having any money? We have it better than them, so we feel they are lazy--bla bla bla. Any idea what the judge is thinking? Why don't you folks work harder like me the judge and make more money?


Keep it cool in the court room, and you have a much better chance. Now get the heck off this computer and go play with the little one and give her a extra hug, let her know she is special, and all will be ok.


By the way, this applies to you as well, all will be ok in the end--it just takes along time to get there.

Good Luck, and sorry for being so blunt.

Plesse print this all off and read it twenty years from now--it will make better sence then.
 
in your same boat kinda my stepson is 13 now i been with his mom since he was 2 i raised him never actually got any money for him till last year the father got pi$$ed after the divorce and moved from here pa to nc had visitation rights all along never used them i tried to adopt he wont let it after being 20 grand behind in support and not seeing the kid why not he would ask to see him bout once a year wife would tell him pay up we cant afford to travel for it his comment well i will come up and see him wife sais sure no problem but you know the cops are looking for you up here they wouldnt go to nc to get him for some reason so he is a no show then yes they were both in contekpt of court but he wouldnt press it or hed be in jail he saw the boy last summer first time in 4 years hasnt talked to him since the fathers mother lives here by us she actually buys christmas presents puts the fathers name on them and ships them the whole 7 miles to our place with about 30 stamps the boy sais this is the same wrapping paper gramma uses looks like her hand writing to wife and i say nothing he knows whats going on boy wants a relationship with his father but i refuse to brake myself and hurt my 2 daughters for it we tell him the truth your father didnt pay support so we dont have the money to transport you he gets upset but thats life i will and have keep the kid dry and healthy for his sake but im not helping the father after awhile of beeing shot down the father will back off probably his new wife /girlfriend is pushing him that what happened in my case might be easier for you if you moved across a state line seems courts dont like to cross them either way im sorry this prolly dont help you but its my experiance
 
While all these things come into play, you need to step back and look at this from the eyes of the courts. Even though all these things are relevant to you, most of them arent to the courts. At 7 years old, the courts arent going to give her stated wishes as much weight as you would like. You need to remember there are really only 2 issues here in the eyes of the court. They are 1.If he sees here or not. 2. If he pays support or not. While the issues affect each other, they are not completely dependent on each other and you need to address them separately. You mentioned that he had a 30 day stayed sentence, but didnt address why nothing happened when he didnt meet his obligations in 30 days. THAT would be my focal point moving forward. If you stick to the issue, I see no reason why you cant solve this working pro se if you can present the RELEVENT FACTS of the case. The number one key is DOCUMENT, DOCUMENT, DOCUMENT. Document both the good and the bad. Be sure you make every effort to have the child there at the appointed time. Please dont take this the wrong way....you have every right to be bitter, and reading your story (both times) it is clear that you are bitter. Allowing your bitterness to show through when in court only hurts your case. I"ve represented myself a couple times with good results. It take a clear head and a good command of the law,issues and facts.
 
Looking from a distance it sounds like this
guy has some problems. It sounds to me like
your dealing with an alcoholic or drug abuser.
Or, somebody with some compulsive psychological
disorder. Until he resolves this, I see no
peace. I feel sorry for everyone involved especially the child.
 
nc wayne

HI #1 DO NOT BAD MOUTH DAD IN FRONT OF THE LITTLE ONE OR TALK ABOUT IT IN FRONT OF HER

#2 HANG IN THERE FOR THE SAKE OF THE CHILD AND HER MOM IT SEEMS THAT YOU LOVE THEM !!!!!!!!!!!!!!!!!!X0X0X0X0X0X0X0XO

#3 GET IN TOUCH WITH THE NC BAR ASSOCIATION EXPLAIN THIS TO THEM THEY WILL GUIDE YOU !!!!!!!!!!

#4 DOCUMENT EVERY CONVERSATION /DEALING /DOCUMENT GIVEN TO YOU OR WITH GIRLS DAD (INCLUDING "HAND WRITEN "STATEMANTS BY DAD ) TELL THEM YOU WANT BANK STATEMENTS ,FEDERAL &STATE??? TAXES FROM DAD TO PROVE HIS INCOME IN PA WHERE I LIVE THE COURT COLLECTS THE MONEY DUE MINUS EXPENCES AND GIVES TO MOM .

#5 IT SEEMS YOU ARE DEALING WITH A LOW LIFE WHO IS BENT ON DESTROYING THIS GIRL /MOMS LIFE MAKE HIM PROVE EVERYTHING HE/SHE (HIS GIRLFRIEND/WIFE)
DOES/SAYS , COURT SUPERVISED VISITS ONLY, MUST ATTEND THERAPY W/CHILD MOM AND YOU ECT. MAKE HIM WORK FOR IT (HOWEVER DO NOT CROSS LEGAL LINES)

I KNOW IT SEEMS LIKE A LONG BATTLE BUT IT WILL BE WORTH IT MANY TIMES OVER KEEP GOING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


SEVERAL YEARS 2007 AGO MY WIFE AND I GOT A FOSTER TO ADOPT CHILD FROM TEXAS HIS MOM WROTE HOW MUCH SHE LOVED HIM IN LETTERS (SHE IS IN JAIL ) AND SHE WAS COMING TO GET HIM SOON (SHE HAS MIN 10 YEAR SENTANCE STILL IN JAIL HAS FOUR OR FIVE IN) TO MAKE ALONG STORY SHORT WE GAVE PERMISSION FOR "MOM" TO CONTACT HIM THOUGH TEXAS. CHILD THOUGHT SHE WAS COMING MANY BATTLES ( NOT PHYSICAL ) AND LOTS OF THERAPY ( YOU ALWAYS GO IN WITH THEM ALWAYS ) HE IS COMING AROUND SLOWLY HE CAME AT 78LBS IN DIAPERS 10YEARS OLD AND IS NOW 150 LBS 13 YEARS OLD AND GROWING LIKE A WEED (MOM HAS N E V E R WRITTEN TO HIM) LIES LIES AND MORE LIES NO WONDER THE KIDS IN THE SYSTEM ARE SO MESSED UP TODAY !!!!!!!!!!!!!!!!


HANG IN THERE KEEP US INFORMED

GOD BLESS YOU
HUSKY
 
Well,if he is hanging himself,stand back and let him do it!You know they called him a dumb@ss in chambers,but what did they call you in chambers,I bet its a good chance you are a dumber @ss to them?You can be there with your wife,but your problems start when you start saying things or acting mad.They are watching you.I dont know your state laws,but in my state the child support has nothing at all to do with visitation.I dont know about other states,but I dont think whether or not a father pays child support will keep them from seeing their kid in any state or not,probably not.Cops might use that as an excuse to arrest him,but its for contempt of court,not paying child support.Its not illegal to owe money in The United States and thats good.Also dont forget that Cops could just as easily arrest you if you arent following the judges orders.The judge will have no sympathy for you or your wife on this.I have seen many times,a judge throw a woman in jail for arguing with him and refusing to do what she was told,and you just knew she was wrong,but she was going to tell the judge off.It doesnt work.Also the court gets a lot worse,and you are a lot madder,when youve been fired for being thrown in jail,or your wife,and then you really need a lawyer worse than now.Also you throw him in jail,dumb@ss or not,he will be mad when he gets out.You wont get anything done after that,except maybe punched out,so you better think about throwing him in jail.Also they arent going to throw him in jail because of what you say,the judge does it.It may sound like they are going to,but they dont always throw a guy in jail if he is working.They will if he goes crazy or something,but any time you have cops and a judge in your life,its not good for you and your family.Way better to do as much as you can without a court,sometimes its not possible though.Obviously this guy thinks he is going to manipulate things himself.Thats not good for him,but it could turn out good for you.Your best course is to not interfere and not say anything until you have to.Yeah you want to take care of your family,and the best thing to do is go with what the judge says to do,keep your nose out of it.It actually sounds like this guy is damaging himself.Of course he will blame you for that too.You arent in a good spot.It wont do you any good to make it worse on this guy.Sure you want whats best for your family.Like it or not,this guy is kind of your family too.So whats best for him?Sounds like you thought about it,but you arent exactly in a position legally to pull many strings.It will rip your guts out if you go at it wrong.You can think you are doing everything so good,but in the judges eyes you are a problem too.The judges responsibility is to the Mom,Dad and child.Nothing at all to you,or at the most very little.Sounds like this guy is doing more damage to himself than you can to him,and while its like that set back and enjoy.It could be your turn in the barrel next if the judge gets mad at you.Then you get madder,do something,and could be in just as bad of a shape as him.How does any of that help your family?It doesnt.You only can get stuff done if you have a lawyer.A Pro Bono lawyer for that kind of stuff,well I havent ever seen it.I know I havent seen everything Im sure,but I kind of think that is something that doesnt happen in family law.That doesnt mean there isnt some way to get help,but you are probably going to have to pay your way through this.
 
How many years have to go buy before it's considered child abandonment? Did he pay any medical bills during your wifes pregnancy? Maybe he has remorse but if he truly cares about the welfare of the child, which is the most important aspect, he should have to pay all back child support before being given any parental rights. I think the courts look at tax returns to determine income. If his lawyer isn't getting paid, shouldn't last long unless he's getting legal aid because he has low enough or no income. My sister's going through an ugly mess right now too. Even a super condensed version would take several pages to explain. She is lucky that she can afford lawyers but I don't think she has very good ones. I've tried to tell her to get a second opinion from another lawyer in the major city but she won't listen. I'm trying to help her and it's really frustrating when she won't at least consider what I'm saying. An example; Her soon to be ex had an affair with someone who works in my sisters hair salon. I should note that they have 2 young children and he worked in the salon also. After he attempted to kick my sister out of her own salon(she stayed away for a few months)he broke up with this other girl who had only worked at the salon about a year. Then he fired her, although she wasn't a good employee. Another worker found a bag of cocaine and money in the lunch area that belonged to this girl and gave it to her without making a scene. My sister came back after legally kicking her ex out and this other employee told her about the bag of cocaine. This employee moved out of the country but give my sister a letter detailing the bag and all the circumstances. The fired girl filed a wrongful dismissal suit for $30,000 and my sister gave her $10,000 out of court! I think she can counter sue her ex because he did the firing but what the h@ll were the lawyers thinking that advised my sister to pay $10,000! I hope you have much better success against this deadbeat. Dave
 
Children are like your pet if you beat it or hurt it it doesn't want to have anything to do with you. You might have some friends that your dog shies away from.
Also when a child or grown person hurts them-self more than usual or in odd ways they may be suffering from depression.
It appears that this girl may being abused by this other person.
Why is there this sudden fondest or great love for a child he's never seen or had anything to do with? I would have a background check on him and find out if he's ever had abuse/perversion charges against him.
 
One statement you made About her pictures, about the one of her "kicking him between the legs",brings up a red flag.

And is a very serious accusation ,but needs looked into.

Her "Therapist" question this ?

Pa has what we call CYS [Children and Youth Services] This is for the children to use if felt abused in anyway.

Abuse can be either mental,physical, or s*xual.[ darned editor, why don't it block trolls?]
I see the first two in your other statements.

Maybe she should make a call. Little voices sometime make a louder sound, and the county will be on your side.

I wish I was on the jury on this one.

I'd never ever again pick a lawyer from the same county he had, cause I believe they go to dinner after court and compare notes, for the next session. Found that to be the case in my divorce.
Drained 2
 
You really need to allow an email,no attorney is going to answer on an open page. (My experience with Family Court is about the same as yours)
 
I did forward your post to someone in NC. I hope he can help. I would like to do bodily harm to a Family Court judge here but I ll leave it to God.
 

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