Jacksonville, NC asked in Family Law for North Carolina

Q: how can I file for visitation without a lawyer?

my ex and I were not married, I pay child support, I was getting my child every weekend and then she got mad, now I have family that gets him basically everyday but she states I haven't proven myself, I cant afford a lawyer but I would like my visiation, can I file for mediation without a lawyer. How do I find a lawyer to help when I am just barely able to pay the child support?

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2 Lawyer Answers
Melissa Averett
Melissa Averett
Answered
  • Chapel Hill, NC
  • Licensed in North Carolina

A: See if you can find a local attorney willing to help you with Litigation Assistance or unbundled services. That's where the attorney drafts the documents, and tells you how to file them. The attorney does not make an appearance as your attorney of record and does not go to court with you. That's a lot less expensive. Not every attorney is willing to provide that service, so you probably need to call around.

You need to file a lawsuit for custody, serve the mother of your child, and schedule the mediation through the court system. There aren't forms for that, you'll need an attorney to get you through those steps. but if you can hire attorney to just draft the paperwork and tell you the process then you're talking about a few hundred dollars in attorney's fees as opposed to thousands.

Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: If you can afford to pay child support you can afford to have an attorney help. Ms. Averett has provide an excellent suggestion. One thing is for sure, you may have to prove yourself to a Judge but you do not have to prove yourself to the mother - she does not get to dictate or control what visitation you are allowed with your child unless you allow her to do so. Best of luck.

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