Joe Hanson Posted June 1, 2018 Posted June 1, 2018 (edited) We got married when we were young at 18 and had a daughter. We separated and I tried to get her to sign the divorce papers but she wouldn’t and my lack of knowledge at the time didn’t know I couldve had them served and if she didn’t sign I would’ve gotten the divorce by default. So she has a baby with another guy and he never signed the baby’s birth certificate and he and her won’t comply with bringing proof to court to show he’s the father. Keep in mind she doesn’t allow me to see my child I don’t know where she lives to get her served. Only info I’ve had for the last 7 years we’ve been separated is her phone number. She likes to play games. She recently decided to comply and made me go thru the whole process we went to court and she signed but the judge order her to bring the proof the other guy is the father of the new child... but on the 2nd court date she didn’t bring it and the judge wouldn’t honor the divorce. Please help me I don’t get to see my daughter and I just want to be able to see her and divorce this woman. Edited June 1, 2018 by a LoveShack.org Moderator Paragraphs
stillafool Posted June 1, 2018 Posted June 1, 2018 You are going to have to get an attorney to help you. 2
amaysngrace Posted June 1, 2018 Posted June 1, 2018 Did you file for visitation or custody or joint custody or what? Is there a court order that states when you have visitation and how much you pay in suppport? You can get these things before the divorce gets finalized but you need to file for them. Or is there an active order that she doesn't honor? If so file a complaint to enforce the order.
d0nnivain Posted June 1, 2018 Posted June 1, 2018 Law is not a do it yourself proposition as you are learning the hard way. Get a lawyer. A bunch of non-lawyers on an international message board can't tell you what the laws & procedures are where you live. Find a father's rights support group on line. They may be able to help you more then we can 2
preraph Posted June 2, 2018 Posted June 2, 2018 I hate that the burden is on you, but you must get an attorney. the longer you don't ask for visitation legally, the less likely you will get visitation if she can make it look like someone else was raising the child or anything like that. What you need is called a Family Law Attorney. Yes, they cost money. Even if you really can't afford to keep using one, at least purchase a consultation and see if there's anything they can tell you to do on your own. But you need an attorney.
amaysngrace Posted June 2, 2018 Posted June 2, 2018 If she recently went to court or brought you to court then they're aware of how to contact her. So you haven't seen your daughter in seven years? Is that right? You don't need a lawyer to file a motion for visitation or to have it enforced. I don't know why everyone is telling you that you do but you don't. Just go to the courthouse that she recently appeared at and file it there. It probably won't even cost you $50. If there's an active order and she fails to comply she can be held in contempt.
PegNosePete Posted June 4, 2018 Posted June 4, 2018 You don't need a lawyer to file a motion for visitation or to have it enforced. I don't know why everyone is telling you that you do but you don't. Technically you don't need a lawyer but in this case the wife is playing games, knows her way around a courtroom and knows how to get what she wants from a judge, whereas OP doesn't. Getting a lawyer costs money but it's often cheaper to get one from the start than it is to attempt DIY, get into a mess or have your opponent mess you around for years, and then need a lawyer to clear it all up...
Simple Logic Posted June 4, 2018 Posted June 4, 2018 I hate to tell you this, but in some states all your wife’s children during the marriage are legally yours.
amaysngrace Posted June 4, 2018 Posted June 4, 2018 Technically you don't need a lawyer but in this case the wife is playing games, knows her way around a courtroom and knows how to get what she wants from a judge, whereas OP doesn't. Getting a lawyer costs money but it's often cheaper to get one from the start than it is to attempt DIY, get into a mess or have your opponent mess you around for years, and then need a lawyer to clear it all up... I agree. I had a lawyer myself before I even left my husband but having an existing order enforced may be as simple as filing a motion. I don't believe a motion happens more quickly when plaintiffs attorney files than if plaintiff files himself but I could be mistaken. At this point it's been seven years. If he hasn't lawyered up by now I'm figuring he probably can't, but I don't know.
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