Legal Aid, Info???
Q: "Can an unemployed person in one state get legal aid to fight for custody or a change in visitation rights for a child in another state 1000 miles away?" Sorry I didn't give much info. It was time for me to go to work, but I wanted to post this question. Besides, I didn't want to complicate it with details that might bias someone's answer toward a male or female. I am the father of the above mentioned child. Due to an agreement with his biological mother and a decision by a judge, I have primary legal custody of him. She exercised her visitation rights for the first time in three years this past summer. Now she is threatening to take me to court, either to clarify her visitation rights or to get custody. I've never hindered her visits in any way. She just hasn't bothered to see him. Not that it matters in this case, but she does not pay CS, nor was any CS ordered. I have been employed in the same profession for 14 years, and have had the same job for 7 years. She does not have a job, nor has she had one for several years. She currently lives with a man, but she lives with her mother when she is between boyfriends. She is unable or unwilling to support herself. I'm not very worried that she can get custody, although anything can happen. If anything, my position now is stronger and hers is weaker than when we went to court five years ago. The only difference is that now she wants custody, back then she didn't. I just hate the idea of going through the hassle and expense of a court battle. She has no money, so if she takes me to court she will have to rely on some form of legal aid. On the other hand, it will cost me thousands of dollars. Do I have anything to worry about? Is it possible for her to get legal aid for this?
A: -Interesting response from Moonie. It's 180 degrees from her first response telling Doc to "get a job" but right on target. One other thing . . . if she gets legal aid to pay for a custody modification use it against her. Make sure the judge knows she has no money, is using legal aid, and she therefore cannot support the child even if she did prevail. The use of legal aid for a modification of custody will be a great opening for you to drive your points home for the judge. -Given all of the above, I wouldn't think you have much to worry about. I don't know how old your child is, but if she hadn't even seen him in three years (did she call or write during that time?) you are in an excellent position. The younger your child the greater sympathy from the judge probably, but at any age, to be effectively abandoned for that long a time is devastating to a child, and I would want to see some evidence of stability and commitment to the child before allowing my kids to be in the position to be hurt like that again. If she had given up custody while she went to school to improve her prospects that would be one thing, but if she's seeking legal aid that was apparently not the case. If she were a teenager when the baby was born, again it might make a difference, so if this is the case be prepared for it. You should be able to find a therapist to testify, or at least write a letter to the court about the possible effects of allowing steady visitation again without some short, supervised time for the child and mother to get to know each other again, and to see how the mother reacts to any anger or sadness from the child over her absence, and what may happen to the child if she again takes a powder. You probably don't need an attorney to appear with you in court. If you feel confident that you can handle yourself well in front of the judge, try to find a family lawyer who will review your statements and arguments with you before submitting