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  1. #1
    Join Date
    Mar 2016
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    Default Re: Visitation With a Parent Who May be Homeless

    Quote Quoting BooRennie
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    Alabama does not use the FOC system. CS is based on a shared income model.

    Why would you not wish to go to the hearings that affect you and your child?
    I think because she has to miss work every time and she's wondering if she could have a lawyer go so she doesn't miss work and then not get paid.

  2. #2

    Default Re: Visitation With a Parent Who May be Homeless

    Quote Quoting qwaspolk69
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    I think because she has to miss work every time and she's wondering if she could have a lawyer go so she doesn't miss work and then not get paid.
    Exactly what it is. I'm the only one providing for all her needs, so if i miss work and dont have enough PTO, then that is money out of my pocket dealing with this guy. It has happened before. The same amount of time he spends filling out the 2-3 forms for a modification, can be used to fill out job applications.

    A referee and FOC aren't the same? If not, then it was a referee that we saw then.

  3. #3
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    Feb 2014
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    Default Re: Visitation With a Parent Who May be Homeless

    Quote Quoting LakeSuperior
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    Exactly what it is. I'm the only one providing for all her needs, so if i miss work and dont have enough PTO, then that is money out of my pocket dealing with this guy. It has happened before. The same amount of time he spends filling out the 2-3 forms for a modification, can be used to fill out job applications.

    A referee and FOC aren't the same? If not, then it was a referee that we saw then.
    Referees are in the juvenile courts only, and they only have hearings on child support (color me surprised; in my Alabama county and many others, it's all handled by the district court judge). However, any visitation hearings are not held in the juvenile courts, but in the district courts.

  4. #4

    Default Re: Visitation With a Parent Who May be Homeless

    Don't know if I should make a new thread or just add on to this one, but I have a question regarding missed visits and child support.

    This is the first weekend that father was suppose to have daughter by himself since his girlfriend moved out. He called at 530 and said he was going to be a little late getting her. I didn't have any plans, so I just said okay. Visitation was suppose to start at 6pm. I send him a text at 730 to see what time he was coming, but I didn't get a response. At 8pm, I told my daughter to get in the bed because she fell asleep waiting on him.

    I have been down this road with him before and because I didnt know any better, I didnt file for a modification of the visitation order. He was an hour late picking her up a month ago, close to two hours late dropping her off his last visit, which was on a Sunday prior to a school day, and now, a no show. It's too soon now, but if this pattern continues, when should I file for a modification? Before, he didn't exercise his visitation right at all and didnt come around for over 6 months. I'm only assuming, but I think he didn't come around before was due to financial reasons. His girlfriend started receiving disability, so they (well gf) had money to do things for daughter when she had visits. Now that gf isn't there with the finances, father might start falling back into his old pattern of just disappearing.

    Also, the judge sent the order of arrest to my house due to father not paying the purge . What exactly am I suppose to do with this order? Just keep it for my records? The bench warrant isnt his only warrant. He also has the DUI warrant that he wasn't taken care of yet. Also, his driver license are in the process of being suspended (CEA has sent the notice to DMV). He still isn't complying with the court order for child support, so can another show cause be filed? I haven't retained a lawyer because I am waiting to see how things play out, but if it gets too bad, I will retain him (or is it already bad?)

    Thanks for any help on this continuing matter.

  5. #5
    Join Date
    Mar 2016
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    2,289

    Default Re: Visitation With a Parent Who May be Homeless

    Quote Quoting LakeSuperior
    View Post
    Don't know if I should make a new thread or just add on to this one, but I have a question regarding missed visits and child support.

    This is the first weekend that father was suppose to have daughter by himself since his girlfriend moved out. He called at 530 and said he was going to be a little late getting her. I didn't have any plans, so I just said okay. Visitation was suppose to start at 6pm. I send him a text at 730 to see what time he was coming, but I didn't get a response. At 8pm, I told my daughter to get in the bed because she fell asleep waiting on him.

    I have been down this road with him before and because I didnt know any better, I didnt file for a modification of the visitation order. He was an hour late picking her up a month ago, close to two hours late dropping her off his last visit, which was on a Sunday prior to a school day, and now, a no show. It's too soon now, but if this pattern continues, when should I file for a modification? Before, he didn't exercise his visitation right at all and didnt come around for over 6 months. I'm only assuming, but I think he didn't come around before was due to financial reasons. His girlfriend started receiving disability, so they (well gf) had money to do things for daughter when she had visits. Now that gf isn't there with the finances, father might start falling back into his old pattern of just disappearing.

    Also, the judge sent the order of arrest to my house due to father not paying the purge . What exactly am I suppose to do with this order? Just keep it for my records? The bench warrant isnt his only warrant. He also has the DUI warrant that he wasn't taken care of yet. Also, his driver license are in the process of being suspended (CEA has sent the notice to DMV). He still isn't complying with the court order for child support, so can another show cause be filed? I haven't retained a lawyer because I am waiting to see how things play out, but if it gets too bad, I will retain him (or is it already bad?)

    Thanks for any help on this continuing matter.
    Honestly he doesn't have to utilize his visitation time. He should do you a courtesy to let you know he can't make it and to reschedule possibly or wait until his next weekend. But sadly he doesn't have to exercise visitation but when he wants to use it, you have to allow the child to be there.

    If you think there needs to be a modification, you can file whenever you want.

    Child support and visitation are two different things. If he's not paying child support, then child support enforcement will eventually go after him. If he's losing his license already then they'll maybe put him in jail but sounds like that's happening too.

    If you got any mail for him of legal sense, if you have his address I would take it to the post office and tell them to forward it. Or tell the post office that if any mail shows up for him that it needs to be returned or forwarded to his address. Unless that was just a copy of his arrest for not paying the purge.

    I think you should find lawyers who do free consultations and see which one would work best. But most lawyers do free consultations of like a half hour. They can give you an idea what you need to do.

  6. #6

    Default Re: Visitation With a Parent Who May be Homeless

    Semi Update:

    Father has missed 2 visits in a row with the last one being a no call no show. Since then, his lights have gotten disconnected and he has a new male roommate in a one bedroom apartment since ex-girlfriend moved out. I was holding out on getting the lawyer thinking things will get better, but him going without electricity and having a roommate in such a small space has me worried. Any thoughts on this or should I just suck it up and pay for the lawyer? Thanks for your help and Happy Thanksgiving!

  7. #7

    Default Re: Visitation With a Parent Who May be Homeless

    Quote Quoting qwaspolk69
    View Post
    Why take him back to court? He's missing visits. If you haven't told him no or made it so he can't see her then that's his problem. If he wants to take her and has no electricity by that point still you might want to tell him he needs to find somewhere else to take her. He doesn't have to take her to his apartment.

    If his lights stay off for some time then you could go back to court.
    Makes sense. I will just wait it out. Thank you!

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