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gimpskinny
04-09-2006, 08:36 PM
I just recently became a father on March 22nd. The mom and I were trying to stay together for about 6 months now for him. However, since he has been born we cannot seem to get along and I do not want to fight in front of him. So, I left/got kicked out and am now living elsewhere. The mom now refuses to let me see my own son. Is this legal? My family has not even been allowed to see him yet. She will only let me talk to him over the phone like I am some prison inmate. Also, she constantly bad mouths me to him. I live in Illinois and see lives just across the river in Missouri with him. I need help because I am a college student that cannot afford lawyers. Please, someone help with some advice.

cpang
04-09-2006, 08:49 PM
File for suit asap, before she does. Do not even ask her permission. The court will tell her to let you see your child. If she takes you to court she will have such a heavier upperhand. You do not even wan to know what can happen to you. Run don't walk. Ask questions. You can probably file suit yourself.

gimpskinny
04-09-2006, 09:02 PM
How do I file suit? I am trying to google some info, but I cannot find anything. Should I just go to the courthouse and ask around? I don't even know where to start with this. Is there any specific forms I need?

cpang
04-09-2006, 09:11 PM
Yes call the court house and call an attorneys office. let them know your situation they may offer some advice on whether you can do this on your own. Some atty make enough money that they will help out poor college students with free advice.

ceara
04-10-2006, 01:06 AM
Yes call the court house and call an attorneys office. let them know your situation they may offer some advice on whether you can do this on your own. Some atty make enough money that they will help out poor college students with free advice.

The courts are not allowed to help. They can only inform a person of things like the name of the documents that need to be filed and how much it will cost.

OP - First, check to see if your county has a law library (they are usually located in the courthouse). This is the best place to get the necessary paper work. If your lucky, there will also be a law librarian. Most of them are more then happy to help you get everything filled out properly. Also, you're a student. Are there any law or pre-law students? They would be another great resource. Call your State Bar Association and ask about pro bono services.

Kimosha
04-10-2006, 11:28 AM
I agree..you should handle the matter ASAP, so it may possibly work to your advantage..otherwise you may be another NCP with little or NO parental rights paying monthly support for a child the CP will not let you visit or bond with.
You need to document dates and times that you have talk to or tried to contact child and any reason's the CP gave you for not allowing you to see the baby...(keep a journal) so that the judge can be made aware and if need be the judge can set visitation for you in a court order...and in the future if the CP doesn't comply...then CP can be held in Contempt and CP can face losing custody of child if she doesn't comply with court order.

But i must say that i have seen/heard of many CP who violated visitation orders and were found in contempt numerous of times and only given a slap on the wrist ....Good Luck!

ceara
04-10-2006, 06:45 PM
I agree..you should handle the matter ASAP, so it may possibly work to your advantage..otherwise you may be another NCP with little or NO parental rights paying monthly support for a child the CP will not let you visit or bond with.
You need to document dates and times that you have talk to or tried to contact child and any reason's the CP gave you for not allowing you to see the baby...(keep a journal) so that the judge can be made aware and if need be the judge can set visitation for you in a court order...and in the future if the CP doesn't comply...then CP can be held in Contempt and CP can face losing custody of child if she doesn't comply with court order.

But i must say that i have seen/heard of many CP who violated visitation orders and were found in contempt numerous of times and only given a slap on the wrist ....Good Luck!

The first few times the CO is violated usually don't amount to much more then a slap on the wrist (plus ALL court costs and legal fees). But after a few times, the judge WILL get tired of seeing the same person in court for violating the SAME order. I've seen CP's end up losing custody and behind bars for not following the CO.

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