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  #1  
Old 03-07-2009, 06:50 PM
AlaskanMom83 AlaskanMom83 is offline
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Posts: 5
Default Hasn't seen his son for 60 days.....

My son's biological father has not seen his son for 60 days now. Ever since his paren'ts left back to Texas, he has not called or sent any money (which I don't have custody of my son yet, so I know it's not illegal for him not to be paying me) or tried to visit his son. He lives a block away, and has made no effort.

In December I went to jail on a Domestic Violence count and the court ordered that only Chris (my son's father) can innitiate contact, and otherwise I would be going against my probation for a year. However, after this incident his parent's and him had picked up my son numerous times, and I told them that when they leave back to Texas, that Chris can stop by whenever he would like, no problem, no drama.

His mother is coming up on Monday, and I have spoken with her a few times, she hadn't spoken with her son about not ever seeing HIS son, so she was surprised to hear he hadn't called or anything.

How should I go about the visitations with my son and his grandmother, and father?

Should I allow my son to leave the house with his grandmother?....

Do I have to file to custody to get child support?

Are their any forms that can relinquish all rights that Chris has with my son?

Do you think it would be smarter for my case to wait until my year probation is over?

I have been documenting all these days that Chris does not see his son..

I also have been documenting any gifts or money that his parents send us.

Since Chris does smoke marijuana, and possibly maybe does other drugs I might be unaware of now, can
I get a court ordered drug test if I am filing for custody and he tries to fight it?

Can they do hair samples for drug tests?

Thankyou very much....

L
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  #2  
Old 03-08-2009, 04:29 AM
underdog underdog is offline
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Location: USA
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Default

Without a court order there is nothing anyone can do. Both parents have rights to child unrestricted. You should talk to an Attorney
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  #3  
Old 03-09-2009, 05:50 PM
moderator moderator is offline
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Default

I agree. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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  #4  
Old 03-10-2009, 10:25 PM
LegalGuy LegalGuy is offline
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Join Date: Nov 2008
Posts: 253
Default

Quote:
Originally Posted by AlaskanMom83 View Post
How should I go about the visitations with my son and his grandmother, and father?
You should follow what was ordered by the court during your domestic battery hearing.

Quote:
Originally Posted by AlaskanMom83 View Post
Should I allow my son to leave the house with his grandmother?....
Yes, if thats not an issue and you two get along.

Quote:
Originally Posted by AlaskanMom83 View Post
Do I have to file to custody to get child support?
Yes, only the primary custodial parent can apply for child support.

Quote:
Originally Posted by AlaskanMom83 View Post
Are their any forms that can relinquish all rights that Chris has with my son?
You must go to court and prove it's in the childs best interests to be in your custody and not his.

Quote:
Originally Posted by AlaskanMom83 View Post
Do you think it would be smarter for my case to wait until my year probation is over?
Regardless when you do it you'll find it will effect your custodial hearing either way; it's a great way to prove someone is unfit.

Quote:
Originally Posted by AlaskanMom83 View Post
Since Chris does smoke marijuana, and possibly maybe does other drugs I might be unaware of now, can
I get a court ordered drug test if I am filing for custody and he tries to fight it?
No, he can deny such a request and it wouldn't be enough impact to cause grounds for custodial change.

Quote:
Originally Posted by AlaskanMom83 View Post
Can they do hair samples for drug tests?
They do blood tests since hair can be manipulated.
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