can't find anyone to help

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  1. #1
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    can't find anyone to help

    Hi, I have a very odd situation that nobody can seem to help me or guide me in the right direction with but I find it hard to believe nobody has ever been in my situation. OK, my Ex and I were together 9 1/2yrs and were only engaged but never married. We broke up in Jan. 2011 due to his continued drug problem he and I have a 7yr old son together that he hasnt seen since March 2011 nor does he try to contact and we only have a child support order and no visitation order because I told him if he files I have no problem letting the courts know about his drug problem. The BIG issue is he has sole physical custody of his daughter from a prior marriage who is now 10 1/2 yrs old. I have raised her as my daughter in every sense of the word since she was 11 months old and was taken by CPS from her birth mom. He refuses to allow myself or my son(his daughter brother) to see her or have any contact with her. Our son is 7 and was raised with his sister from the day he was born and they were very close. My son has stated on several occasions that he wants to see his sister and I would like to take him to court to establish a visitation agreement so that my son can continue to have a relationship with his sister. But I keep hitting brick walls and Lawyers Ive spoken to are speechless and confused and really dont know how I should proceed but they do tell me I have some rights. I tried filing a "order to show cause" but was told it was the wrong paperwork so I just dont know where to start it's been almost a year since my son has seen his sister and I want to reunite these to before its to late it doesnt seem fair and there has to be something out there I can do. I dont have $ for a lawyer as Im a college student on a very limited income and that seems to be my problem. I also just moved 4months ago to a different county in California then him thats 4hrs away. PLEASE HELP guide me


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    Try calling your local BAR association and asking for a referral to a free civil law clinic. In some cases, courts will allow child visitation where it is not your child you are seeking visitation for. I believe what you need to do is file a child visitation/custody order and you will have to show the court why should be allowed visitation.

    The information on this page should be helpful:
    Santa Clara County Family Law Attorneys :: May a Non-Parent Receive Visitation Rights From the Court? :: Oakland Divorce Lawyers
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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