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Family laws, notices, child support, child custody. Child denied contact with father who was originally the primary care taker

Santa Cruz, CA |

My wages garnished, never served anything about courts or hearings notifying these things. I filled out support orders in the beginning but all hell broke loose an lost everything. Now I'm paying support, never given chance to talk to judge. Case worker state there is never support papers with me requesting help only the mother. Employer didn't notify me about garnishment until seen my checks. Now to the point im denied any contact to child. What are my options, why did i never get a chance to tell my side of all this. Weres my support papers i field which note my child mothers mom helped fill out all the paperwork.

Childs mother lied about how much time child,was with me when she left us, acted as if she didn't know how,to,fined me even tho,we talked everyday. Had child three days aweek. Originally notice sent to po box an sent back stating no longer recived mail there. But few months latter I get unemployment mailat same address. So obviously someone sent support paperwork back so I couldn't,revive,notice. What are my rights an opportunity.

Attorney Answers 3


You need to speak with a family law attorney immediately as there are significant legal and economic rights at stake here. Without more facts it is difficult to provide specific answers, but it is clear that you are in a tough position and seeking a consultation with an attorney is the first step to outlining and evaluating your options.

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You need to hire an attorney, it appears you are in dependency court and have no idea what you are doing or how to protect yourself. You need someone who can fight for your rights.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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I agree with the above answer, but want to add that your issue is two-fold.

First, you need to see if you have grounds to ask the Court to review or set-aside the previous order (one of the grounds could be you were never served, if that can be proved). If you do not have any grounds, you need to file a Modification to use actual visit time and current wages.

Second, you need to file a Request for Order in order to establish a visiting schedule with the child. It will most likely be a really long and hard battle to make headway on the visitation portion of your case, but if it is what you want, then do something about it.

It seems like you will definitely need the help of an attorney, at least to get you started on the support issue. Good luck!

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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