I Need Help with How to File on His Dad.

Updated on January 07, 2007
L.G. asks from Carrollton, TX
11 answers

I am wondering what is the most affordable way to file for custody/child support for my child? I have waited a couple of years for his dad to get his act together and become a parent and to start paying child support. I don’t have money for a big lawyer but I need to do something about this. His dad always says he is ready to start being a better dad and makes all these promises to my son. Then he never follows them through. He also refuses to get a "real" job because he knows I will file on him. So I would like to file for full custody with visitation rights only through me. My fear is that he will fight me on this. But I am hoping he won't want to pay court fees and will just sign a paper. Does anyone have any idea how to do this? Also if you know the costs please help me figure that out too! I need to get this going soon.

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A.W.

answers from Dallas on

You can file with the attorney general's office. It's free for you. They set child support up based on what they feel his potential earning's should be. They'll garnish whatever wages he has. You'll get the standard visitation rights though. You'll have primary custody. I'd love for you to email me privately. Please do.

A.

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B.P.

answers from Dallas on

File with the Texas Attorney Generals, they will represent you at court with NO cost to you at all. They can also file contempt charges.

To keep track, do everything trough them.

Here is their webiste, I would call them as soon as possible:
http://www.oag.state.tx.us/
###-###-####.

I tried legal aid too, they were not a big help at all, but I guess it depends on your case. I wouldnt set my hope on them. Consult with an attorney who would give you 1 hour free for consultation. I think you have a good chance to win custody, but you need to act quickly, because if you do not have papers right now he has as much right to his children as you!
Good Luck!

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D.P.

answers from Dallas on

Hi there! I know what you are going thru! I am a single mom also. From my experience, I have had better lucke thru the Guardian Ad Litem. You might what to go thru them. The attorney general was a very long process. Don't try the commericals on tv like support kids. It was no help at all to me.
Give this a try and it might help you.

http://www.guardianadlitem.org/

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B.L.

answers from Dallas on

Hi Lauren,

I work for an attorney in Oklahoma (well I did until today...I'm moving to Plano tomorrow). Anyway, he is one of the best child custody lawyers in the area. Were you ever married to the father? If not, then he cannot win custody of your son. He will most likely be granted standard visitation and will certainly be required to pay child support. If he does not have a "real job", you may not get much out of him to begin with, but you do have the right to modify the child support if there is a substantial increase in his pay in the future. A reasonable attorney should cost about $750 to start at a rate of $150/hr. + court costs. The judge will not give him custody even if you were married if he has not been seeing him or supporting him. Plus, the Judge will probably order him to pay for your attorney's fee. Have your attorney ask for it. If you have any other questions, I'd be happy to help if I can.

B.

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M.

answers from Dallas on

Lauren,

My mother used Legal Aid for the exact same thing you are wanting. They are a super reduced or even free attorney service. Look them up and contact them. I think my mother did an arbitration type deal to get all of the details hammered out, but paid nothing.

Hope that helps!

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H.B.

answers from Dallas on

Call the DA for the county you live in. Ask the people there. They can point you in the right direction.

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T.S.

answers from Dallas on

I know the Salvation Army on 14th St. has a legal clinic once a month, I think the fee is according to your income. If you call them they can give you more info.

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E.T.

answers from Dallas on

you've gotten good advice, but something that can put a kink into your plans to file with the AG is if you weren't married to the father or his name isn't on the birth certificate...

J.T.

answers from Dallas on

Lauren,

You can file with the Attorney General's office and they will do everything for you.. Free of charge. It might take a little longer, but the state takes care of finding him making him take a paternity test (if needed) and having the courts set an amount to pay. Child Support is simple math! There is a set percentage of income. You can apply online for them to get involved.

Good luck.

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T.B.

answers from Dallas on

You can call the State Bar of Texas and ask them. They have an 800 number - look in phone book; YOU can go to library and get forms to file for divorce yourself; or, call the Attorney General's office for help (also in phone book). Good luck.

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A.

answers from Dallas on

Free legal services Downtown Dallas are available if you qualify. You'll need to email me if you would like more information, because I can't remember the name right off the top of my head.

Hope and Blessings,
A.

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