Q: How can my stepson get to visit his child when the mother refuses to let him? She will not even answer his text or calls
One of the reasons she had previously refused was because he was going to a methadone clinic and had been for over 10 years and she told him when he quit he could see his son. Well he went through hell in June and July of 2016 and got off and is now drug free. The problem accrued when his son was visiting in maybe the end of august or beginning of September he had been drinking and it was like 11:00 pm and drove up to my house which is 4 houses up and left his cell phone on charge his son went out to ask him something and he wasn't there so called his mom and she came and picked him up that night and told my son he could no longer see him ever and she was going to have his parental rights removed. He was at my house for maybe 10 minutes. His son was 14 at the time. He doesn't have any money for an attorney and we are unable to help financially either so what can we do?
A: If he has no money for an attorney, he can simply file a petition himself requesting visitation. If visitation has already been established, he can file a petition against the mother for contempt of court. He would be representing himself in his case, but he would be required to pay a filing fee. He can ask the clerk for an affidavit of substantial hardship that essentially is a request to the Court for a waiver of the filing fee.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.