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help. want christmas visitation Mississippi

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  • help. want christmas visitation Mississippi

    first my story. i was never married to the mother. we have never gone to court yet. my name is on the birth cert as father. over the last year, i have kept my son who just turned 3 years old 3-4 days a week while his mom was at work. she has now come to me with a paper from her lawyer wanting among many things such as full custody. 500 a month or 14% of my adjusted gross income. i have no problem with this and have been paying her that much or more each month since we split up a year ago. she also says i can get him each christmas from 12 noon on dec 21 to 6 pm on dec 24 each year. never at christmas. basically she wants my money and a babysitter at her convenience. now she says if i dont sign the paper she will stop all visitation supposedly on her lawyer's advice because she has no court order forcing her to give me visitation. i told her i never had an order to give her child support but have done so. she said stop paying me and i said "no way" i will keep doing what is right no matter what. this baby is my life and i cant believe she is using him as a pawn to get what she wants. i am asking my attorney to file for an emergency hearing to try and get something in place at least for christmas. what rights do i have as an unwed dad in ms. do you really think her lawyer is advising to keep the child away from me in order to force me to sign the paper? she said if i sign then i can get my son for the holidays but if i dont then i will not get to see him. help. what can i expect from a judge in ms?

  • #2
    This is why you need court ordered visitation.

    Counter offer alternating holidays and, if she says no, take her to court for visitation and child support.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


    • #3
      Think Of This Child

      Let Me Start By Saying, You Are Exactly Right, Pay The Child Support No Matter What, It Is Not The Child's Fault And You Are The Only Daddy He Has Ever Known I'm Sure. Now, Ya'll Also Have No Papers Appointing Custody, So Here Is What You Do, And This Is From Personal Experience And Any Lawyer Will Probably Advise This Also. When You Have Your Son Again And She Drops Him Off Or You Pick Him Up Either One, Simply Keep Him, Do Not Let Him Go Back And Get Your Attorney To File An Emergency Hearing Appointing Temporary Custody, And You Will Get A Hearing Scheduled For About 2 Weeks Later, But Important Fact, Do Not Let Him Go With Her, And There Is No One That Can Make You Let Him Either. You Have No Papers And Your Name Is On The Bc, Also, Allow Her To See Him Only With Your Supervision And In No Way Ever Leave Her Unattended With Him As She Might Try To Run. Possession Is Nine Tenths Of The Law And As Long As You Have Him In Your Care When You File To Emergency Paperwork, You Will Get Custody. It Sounds Like If You Dont Do It Soon Then This Child Is Going To Suffer For Years To Come, She Will Continue To Use Him Against You, Trust Me. You Have To Keep Him In Your Care Till She Is Served And You Go To Court And Prove Yourself Fit To Have Him Full Time. Keep Track Of Any And All Threats She Makes Towards You Also. Now If This Does Not Help You, Or She Does Get Court Order, Do Not Agree To Anything For Your Visitations, The Courts Have Standard Visitations And That Would Give You Every Other Year For Birthday, Christmas, Thanksgiving, Easter, Spring Break, Things Like That, It Will Also Give You Every Other Weekend And Ask For Him To Stay With You While She Works To Maintain Some Stability In His Life So That He Is Not Switched From Baby Sitter To Baby Sitter All The Time, I Guarantee This Will Help You And Help You Show The Judge What Kind Of Responsibile Man And Father You Really Are. Hope You Take This Advice To Heart. Good Luck ALSO EVERYTHING I HAVE SAID IS UNDER MISSISSPPI LAWS AND STATUTES FOR CHILD CUSTODY, I LIVE IN MISSISSIPPI AND HAVE BEEN THERE, DONE THAT!! PLEASE TAKE THIS ADVICE TO ATTORNEY AND IF YOU NEED A GOOD ONE GET IN TOUCH WITH ME, ASAP.
      Last edited by HAM0272; 12-13-2006, 07:02 AM. Reason: ADDITIONAL INFO


      • #4
        you can expect alternating holiday visitation, every other weekend and wednesday dinner, and extended summer visitation MINIMUM. (assuming that there is nothing that would bar a judge from granting standard visitation)

        You can expect to pay child support. YOU need to get an order for child support ASAP. Any money you have given as support is a gift if there is no standing child support order. You need to make sure you have reciepts and proof of payment to mitigate the risk of being ordered to pay retroactive support for all the years there has been no court order.

        She is correct that without a visitation order, she is under no legal obligation to allow you to have anything to do with the child.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)