Bessemer, AL asked in Family Law for Alabama

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?

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1 Lawyer Answer
Melissa L. Padgett
Melissa L. Padgett
  • Brewton, AL
  • Licensed in Alabama

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.

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