Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Ok, I may have a new one or old one. I am a mother of two 12 and 7, both boys. I have not ever even when the man lived with us which was a month or two before into trouble and back to the pen or a half way house. I have had to carry insurance and everything to daycare even the few hours he was around. Here I am after 12 years I finally got brave enough to file. Because I cannot seem to get this guy to be consistant to seeing his boys. My husband has even talked to him to get him involved. No calls. He has always known where I am. I guess this is difficult. Because so much to the story. But, I finally got a letter to got to court within the week and I am nervous as hell. Not sure all why? But, my children deserve the best. I can’t even put them in sports sometimes, cause I can’t afford it. Their step father carries them on his insurance. I cant afford an attorney and don’t even know what to expect. I’ve had a lot of friends go through this , but different circumstances. Please help me. We have no tests or nothing ,but he is in a half way house. What does this mean for him to be at court?”
Question: Children have the right to association with, comfort from and support of both parents. If the father of the children is seeking timeshare (custody and visitation), make sure all your concerns about the health and safety of the children are addressed in mediation or whatever proceedings you go through. If this is just about support, then the court will consider his income, your income and the percentage of timeshare as well as a few other factors relating to the care of the children. If he is not working, the court may order him to seek work. If he is unable to work, then the court will probably set a time to come back to see if he is then able to seek work.
