Submitted by tbaker85 on Tue, 09/28/2010 - 11:23
My girlfriend has requested help through DOR to initiate a Child Support order for her son's father. Her son's father has hired his own attorney because he has intention of trying to get a joint custody. She received her court date from DOR already. Would the court only be disucssing the Child Support at this date? or can her son's father make a request in court to have the matter of Joint Custody be brought up as well?
If so, is she allowed to ask for a continuance so that she can aquire an attorney since she didn't get one under the assumption this was strictly going to be a child support matter?
Editor's Response
I'm confused by the question because I'm not sure about the procedural status of the case. If an existing custody order is in place, your girlfriends' ex would need to file a complaint for modification and serve your girlfriend before that matter could come before the court. However, I'm going to get to the meat of the matter here: If your girlfriend's ex is represented by an attorney, she should talk to a Massachusetts family law lawyer today (preferably yesterday). Remember, she has little if any experience with the intricacies of Probate and Family Court. These are important issues for her, and if she butts heads with an experienced attorney, the odds will not be in her favor. Good luck.
She is in the process of
She is in the process of getting an attorney, she filed to receive help by an attorney due to her low-income status, but unfortunatly we highly doubt she will get a lawyer to speak to before this wednesday (the 6th)
The parent's were unmarried, there has been no filing of a custody/visitation order and there is no current order. The current status is DOR filed on her behalf to establish a child support and insurance order. Would her son's father be able to ask for custody/ visitation to be discussed at that time? or would he have to file for a modification and have the matter reviewed on another day? or could the judge allow them to handle the custody issue at the same time they do their child support??
so far she hasn't received any other summons besides the letter mailed to her from DOR stating her hearing date and time and what documents were needed. and the information that gave says it was filed for a child support order and insurance coverage order.
Child Support and Custody
If your girlfriend went through the Department of revenue an attorney acts on behalf of the DOR but you are entitled to aks them questions. At the date of the hearing they usually address the support issue but don't be surprised if the custody issue does come up. Your girlfriend should have gotten a letter from the department of Revenue and the attorney or legal rep handling her case she should call them if she has any questions. Also in most probate courts if she still has questions they have what's called a lawyer of the day you need to find out what days and times that lawyer is there if you would like to ask any questions. Your other alternative is to seek your own private family law attorney.
Lisa
Paralegal