visitation

[skislenger]

My brother has a son and has joint custody. He has not been able to see his son except for two times since 9/2010. They have gone through mediation but due to her vulgar language and unable to come to an agreement the mediation session was ended. There is a temporary order hearing scheduled but now she has a lawyer that wants to postpone the date. We feel it is because she wants to delay this further. What can he do?

 

[army judge]

He should hire a lawyer. Never go against someone who has a lawyer without one yourself.

He has no right to see the child until paternity has been established and a custody order has been issued by a judge. If a custody order is being violated, go back to court and tell the judge.

So, without a custody order, he has no rights to see the child. It looks like that is pending, so help him get a lawyer.

Has a DNA test been done to prove his paternity? If so, great. If not, ask the court to arrange for one. That's another thing his lawyer can help him facilitate.

 

[skislenger]

He did do a DNA test and was proven to be the father and was given joint custody at that time, they were supposed to work it out between each other.
Can she delay the temporary order hearing?

 

[army judge]

He did do a DNA test and was proven to be the father and was given joint custody at that time, they were supposed to work it out between each other.
Can she delay the temporary order hearing?

One can usually request a continuance. She can't delay it. But, a judge can allow her attorney additional time to get ready for the case. Your brother needs a lawyer, if she has a lawyer. The lawyer will screw your brother.

 

[skislenger]

Thanks so much!!! I appreciate the advice!