How possible is it for a father to gain custody of his child? What are usually the determining factors in a case like this?How often can a father get full custody of his child...?Normally it has to do with proving the mother to be unfit but this is changing now to looking at the home the child will be in and financial factors too.
Is it possible? Yes. I was able to get custody of my son back in the mid 70's so it can be done now.How often can a father get full custody of his child...?very possible if you can prove the mom unfit or not capable of caring for the baby good luckHow often can a father get full custody of his child...?Fathers gain custody in thousands of cases every year. The court must rule in the best interests of the child.
You must prove that the child is benefitted by a change in custody.
Consult your attorney. After you hear the amount of money it will take, you may faint. When you regain conciousness, write the check. If you are convinced that this is necessary for your child, you should have no higher priority.How often can a father get full custody of his child...?Most states now I think use a %26quot;best interests of the child%26quot; standard - they look at the facts of each case and decide whether it is in the best interests of the child for the mother or father to be given custody. Most of them state that there is not supposed to be a preference for the mother.
Friday, June 3, 2011
How do I file a petition for modification of court order where my mother was granted full custody. To get mine
My mother had temporary custody of my son-drawn up by me. She lives in a different state and went in front of the town judge and committed purgery and got full custody of my son. She made sure to get no child support so that I would get no visitation. She lives 5 hours away, will not let me see him and I get to call and talk to him until she hangs up on us. He is two. I was just diagnosed with cardiomyopothy and I want to spend as much time with him as I can. I cannot afford an attorney. how do I petition the court for a mod. to the order?How do I file a petition for modification of court order where my mother was granted full custody. To get mineContact the court that issued the custody order and motion the judge for a hearing on custody. You will then be able to present your case to the judge and do provide proof for your mother's perjury. Change of custody is rare. The court usually are very careful in awarding custody. Why did you transfer custody to your mother? You gave her the in to your child. Have you been arrested for using drugs recently? Be ready and present your case to the judge.How do I file a petition for modification of court order where my mother was granted full custody. To get mineDepends what state you are in. Some states will not let you file a motion to modify for a year.
How in the world did she keep you from seeing your child. Just because you don't pay child support does not give her the right to keep your son from you.
Did you get a copy of the order from the court? If not call the district clerks office in the county where she got custody and ask how much a copy is and have them send you a copy.
How do you even know that she went to court on that?
You'd better get a lawyer and carry him/her copies of the custody agreement you made for your mother and a copy of the court document you obtained from the district clerk's office.
*good Luck!How do I file a petition for modification of court order where my mother was granted full custody. To get mineApply in the highr court.How do I file a petition for modification of court order where my mother was granted full custody. To get mineFollow goawayisleep's advice (1st answer).
You state %26quot;temporary custody agreement . . . drawn up by me.%26quot;
IF (%26lt;%26lt;%26lt;--- key word) a legitimate court issued an order for your mother to have full custody, it should also include provisions for visitation unless your parental rights were removed.
In which case, your only realistic option is to hire an attorney. Custody battles are far more than filing paperwork and your chance of successfully arguing for a change of custody (based on what you wrote) are nearly zero.
Good luck.How do I file a petition for modification of court order where my mother was granted full custody. To get mineGo to court and show why it is in the best interest of the child for you to have custody back. It has nothing to do with your best interest.skin discoloration rash healthy hair
How in the world did she keep you from seeing your child. Just because you don't pay child support does not give her the right to keep your son from you.
Did you get a copy of the order from the court? If not call the district clerks office in the county where she got custody and ask how much a copy is and have them send you a copy.
How do you even know that she went to court on that?
You'd better get a lawyer and carry him/her copies of the custody agreement you made for your mother and a copy of the court document you obtained from the district clerk's office.
*good Luck!How do I file a petition for modification of court order where my mother was granted full custody. To get mineApply in the highr court.How do I file a petition for modification of court order where my mother was granted full custody. To get mineFollow goawayisleep's advice (1st answer).
You state %26quot;temporary custody agreement . . . drawn up by me.%26quot;
IF (%26lt;%26lt;%26lt;--- key word) a legitimate court issued an order for your mother to have full custody, it should also include provisions for visitation unless your parental rights were removed.
In which case, your only realistic option is to hire an attorney. Custody battles are far more than filing paperwork and your chance of successfully arguing for a change of custody (based on what you wrote) are nearly zero.
Good luck.How do I file a petition for modification of court order where my mother was granted full custody. To get mineGo to court and show why it is in the best interest of the child for you to have custody back. It has nothing to do with your best interest.
How do I file for change of custody in MD when I now live in Florida?
I currently live in florida and I hav emy kids here with me for the summer. They are scheduled to go back with their mothe in MD in 8/9/09. Over this past weekend I learned that their mother is being evicted from her home as of 8/5/09 because she is behind on rent at least 4 months, which I dont understand because she still collects child support from me and she has a new baby (6mos) by her current boyfriend. I called Child Protective Services in MD but they said that eviction is not cause for removal because she has an option to moved into a city shelter. That is not an option for me and I dont feel my kids should have to move into a shelter.
I need to file papers in Md for change of custody but I really cannot afford a lawyer at this time. Does anyone know of any other options I can take legally?How do I file for change of custody in MD when I now live in Florida?If you have clear evidence of this eviction, and that they are homeless, you may be able to file an emergency order for a child in need of care in Florida, to retain the child there, temporarily. This would only extend their stay pending a full hearing, that could take place there, or in Maryland. If Florida refuses to accept the motion, you will have to file in Maryland. Consider talking to David Levy with the Children's Rights Council in Maryland. He may have an idea.
http://www.crckids.org/
Unfortunately, you can't tape record your conversation with her as both of your states have laws on it.
You need to move carefully in this to avoid any parental kidnapping allegations. Keep very details records of what you are doing, and who you talk to.
http://tinyurl.com/DailyJournalFamilyLaw
http://tinyurl.com/Custody-Can-A-Father-
Fathers Groups
http://tinyurl.com/DadsHouseGroup
http://www.fathersandfamilies.org/
http://tinyurl.com/FaceBook-FathersRight
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\How do I file for change of custody in MD when I now live in Florida?file without a lawyer keep the kids god luckHow do I file for change of custody in MD when I now live in Florida?go to family court and request a court date for custody of your kids
I need to file papers in Md for change of custody but I really cannot afford a lawyer at this time. Does anyone know of any other options I can take legally?How do I file for change of custody in MD when I now live in Florida?If you have clear evidence of this eviction, and that they are homeless, you may be able to file an emergency order for a child in need of care in Florida, to retain the child there, temporarily. This would only extend their stay pending a full hearing, that could take place there, or in Maryland. If Florida refuses to accept the motion, you will have to file in Maryland. Consider talking to David Levy with the Children's Rights Council in Maryland. He may have an idea.
http://www.crckids.org/
Unfortunately, you can't tape record your conversation with her as both of your states have laws on it.
You need to move carefully in this to avoid any parental kidnapping allegations. Keep very details records of what you are doing, and who you talk to.
http://tinyurl.com/DailyJournalFamilyLaw
http://tinyurl.com/Custody-Can-A-Father-
Fathers Groups
http://tinyurl.com/DadsHouseGroup
http://www.fathersandfamilies.org/
http://tinyurl.com/FaceBook-FathersRight
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\How do I file for change of custody in MD when I now live in Florida?file without a lawyer keep the kids god luckHow do I file for change of custody in MD when I now live in Florida?go to family court and request a court date for custody of your kids
How to file for a change in custody on a divorce when you live in different states?
My husbands EX lives in a different state and we want to change the custody on his divorce , where do we file in her state or ours?
Currently he has none but we want to have the child 1/2 the time.
how do we do this? where do we start?
Thanks for the help allHow to file for a change in custody on a divorce when you live in different states?鈽尖樇鈽?br>
The residential state of the child.
I檝e been a Father檚 Rights Advocate for 20 years.
Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it. Also, learn how to make sure the judge is being balance is his decision by using Court Watch.
Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.
Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You檙e that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,
http://www.rcfp.org/taping/
Now, you can't just record, you also have to transcribe it into the daily journal.
If you want to learn how to do all this go to Dads House in Yahoo Groups. There's an educational manual in the file section that can teach you what you need to know. Take the time to learn what you can and should do.
http://health.groups.yahoo.com/group/Dad
http://tinyurl.com/GiveKidsAChoice
http://www.fathersandfamilies.org/
http://www.parentalalienation.org/How to file for a change in custody on a divorce when you live in different states?The state in which the child is considered a resident.How to file for a change in custody on a divorce when you live in different states?When I filed my divorce, I lived in florida and my ex in Missouri, I filed the divorce and usually wherever the divorce is filed is what state retains the right to rule on the custody. My opinion would be that the paperwork will have to be filed in the state that granted the divorce or custody.How to file for a change in custody on a divorce when you live in different states?File where the child lives but good luck, I doubt a court is going to go from no custody to half custody just like that. If there was a divorce order or agreement giving her custody, you're going to have a hard time convincing a judge there has been a big change in circumstances. Just changing your mind doesn't count.How to file for a change in custody on a divorce when you live in different states?the state the child lives in (resident) will accept the original orders from washington , then all further litigations will have to be done in the current state. that means you will need a lawyer that works in the state where the child is and go to court there. a lawyer can show up on your behalf, but that will probably not give you the best possible outcome in this case.
honestly, it is very unlikely there will be shared custody. if father has been out of the picture over 5 years (for whatever reason) he will be very fortunate to get standard visitation at this point.
Currently he has none but we want to have the child 1/2 the time.
how do we do this? where do we start?
Thanks for the help allHow to file for a change in custody on a divorce when you live in different states?鈽尖樇鈽?br>
The residential state of the child.
I檝e been a Father檚 Rights Advocate for 20 years.
Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it. Also, learn how to make sure the judge is being balance is his decision by using Court Watch.
Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.
Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You檙e that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,
http://www.rcfp.org/taping/
Now, you can't just record, you also have to transcribe it into the daily journal.
If you want to learn how to do all this go to Dads House in Yahoo Groups. There's an educational manual in the file section that can teach you what you need to know. Take the time to learn what you can and should do.
http://health.groups.yahoo.com/group/Dad
http://tinyurl.com/GiveKidsAChoice
http://www.fathersandfamilies.org/
http://www.parentalalienation.org/How to file for a change in custody on a divorce when you live in different states?The state in which the child is considered a resident.How to file for a change in custody on a divorce when you live in different states?When I filed my divorce, I lived in florida and my ex in Missouri, I filed the divorce and usually wherever the divorce is filed is what state retains the right to rule on the custody. My opinion would be that the paperwork will have to be filed in the state that granted the divorce or custody.How to file for a change in custody on a divorce when you live in different states?File where the child lives but good luck, I doubt a court is going to go from no custody to half custody just like that. If there was a divorce order or agreement giving her custody, you're going to have a hard time convincing a judge there has been a big change in circumstances. Just changing your mind doesn't count.How to file for a change in custody on a divorce when you live in different states?the state the child lives in (resident) will accept the original orders from washington , then all further litigations will have to be done in the current state. that means you will need a lawyer that works in the state where the child is and go to court there. a lawyer can show up on your behalf, but that will probably not give you the best possible outcome in this case.
honestly, it is very unlikely there will be shared custody. if father has been out of the picture over 5 years (for whatever reason) he will be very fortunate to get standard visitation at this point.
How much should I listen to my parents in this decision?
I am thinking about what decision to make regarding myself and my 15 year old daughter. She is staying with me and my parents currently.
Her Dad has sole physical and legal custody of her. We are trying to decide whether to get back together or if she should stay with me - change custody arrangements.
My parents have their own opinion of the situation and think that I will be %26quot;blamed for everything%26quot; and %26quot;not have the freedom that I should%26quot; if I get back together with my ex-husband.
They think that I should keep my daughter with me and stay with them.
I think that its my marriage to reconcile or not. I don't know how to deal with their strong opinions and opposition though.
I want to take my daughter's feelings into account. She is not that comfortable living with them and definitely wants us to move out and I agree with her.
I have to deal with a strong influence from my parents or ex-husband.How much should I listen to my parents in this decision?i've always listened to my parents, cause they are usually right, BUT, you have to do what is right for you/hubby/kid. Those 2 can sure contradict themselves. Tell your parents you love them, and sure appreciate their opinions, BUT, you have to TRY this. This is your FAMILY that you are trying to put back together. %26quot;get blamed for everything%26quot;, not sure what you're talking about, sounds like some garbage or skeletons in the closet.... 2 sayings i'll leave you with
%26quot;when in doubt, don't%26quot;
%26quot;follow your heart, be true to yourself, it won't lead you wrong%26quot;How much should I listen to my parents in this decision?don't do what they say. consider their opinions but then make your own decision. you are the only one who can decide what to do here. If you want to try to work out your marriage then you should. If you get back with him and things don't work out you can always work on getting a new custody agreement and going your separate ways. It's not like you will be trapped.How much should I listen to my parents in this decision?Why not take the daughter and move out on your OWN!!!! Sounds like this would be a ideal option for you to figure out what you want without being pressured by parents or the ex.How much should I listen to my parents in this decision?The question is not just about moving out of your parent house. Remember when you were having problem, they took you in. Now your kid wants to leave because she lost her so call freedom to party with her friend when she was with dad. Now think hard on what you want than decide.How much should I listen to my parents in this decision?i seriously cannot believe this. you are living with your parents with a 15 year old daughter? something has gone terribly wrong here. why would you go back with your ex? what will he provide that you can't provide yourself? where is your independence? wait that was a stupid question. besides - she is already 15 years old, another 3 years and all this arrangement should be over with.
if you ask me, i say you should listen to your parents - as they are the ones that continue to look after you, and stay with them and possibly have your daughter over whenever you can. stay away from the ex as things will not get better between ya'll.How much should I listen to my parents in this decision?Listen, you married this man, not your parents. Now of course if every time something goes down between you and your husband you run to your parents, then maybe they do have a say. Your obligation is to your family (daughter and husband), as long as you believe that you guys will make a concerted effort to resolve the problems that caused the break-up in the first place, and of course he isn't abusive (physically or mentally). Then you owe it to yourself and your daughter, to try and work it out.How much should I listen to my parents in this decision?you are the only one who can make your own decisions stop worrying about what anyone else has to say it is your life and you shouldnt ask others or take consideration of every single thing everyone has to say!!! when your parents are gone what are you gonna do??? just live your life the way you want!!!!!!How much should I listen to my parents in this decision?You really need to reconsider your thinking process of getting back together with your X- X's are just that X's, and for GOOD reasons if my memory serves me right. Better look back on his controlling ways. Your parents may just be right considering the way he has treated you and (not to long ago your daughter- just because she failed her Math class). As for staying with them- you have had problems with them and you know your M is cranky and sickly- so a new home really is in order. You are your own person, able to make decisions that will affect you and your child. Remember your parents are trying to guide you and your X is trying to control you. Not a very good combination!!!! Stand up- take control and custody and get your new life in order.
Her Dad has sole physical and legal custody of her. We are trying to decide whether to get back together or if she should stay with me - change custody arrangements.
My parents have their own opinion of the situation and think that I will be %26quot;blamed for everything%26quot; and %26quot;not have the freedom that I should%26quot; if I get back together with my ex-husband.
They think that I should keep my daughter with me and stay with them.
I think that its my marriage to reconcile or not. I don't know how to deal with their strong opinions and opposition though.
I want to take my daughter's feelings into account. She is not that comfortable living with them and definitely wants us to move out and I agree with her.
I have to deal with a strong influence from my parents or ex-husband.How much should I listen to my parents in this decision?i've always listened to my parents, cause they are usually right, BUT, you have to do what is right for you/hubby/kid. Those 2 can sure contradict themselves. Tell your parents you love them, and sure appreciate their opinions, BUT, you have to TRY this. This is your FAMILY that you are trying to put back together. %26quot;get blamed for everything%26quot;, not sure what you're talking about, sounds like some garbage or skeletons in the closet.... 2 sayings i'll leave you with
%26quot;when in doubt, don't%26quot;
%26quot;follow your heart, be true to yourself, it won't lead you wrong%26quot;How much should I listen to my parents in this decision?don't do what they say. consider their opinions but then make your own decision. you are the only one who can decide what to do here. If you want to try to work out your marriage then you should. If you get back with him and things don't work out you can always work on getting a new custody agreement and going your separate ways. It's not like you will be trapped.How much should I listen to my parents in this decision?Why not take the daughter and move out on your OWN!!!! Sounds like this would be a ideal option for you to figure out what you want without being pressured by parents or the ex.How much should I listen to my parents in this decision?The question is not just about moving out of your parent house. Remember when you were having problem, they took you in. Now your kid wants to leave because she lost her so call freedom to party with her friend when she was with dad. Now think hard on what you want than decide.How much should I listen to my parents in this decision?i seriously cannot believe this. you are living with your parents with a 15 year old daughter? something has gone terribly wrong here. why would you go back with your ex? what will he provide that you can't provide yourself? where is your independence? wait that was a stupid question. besides - she is already 15 years old, another 3 years and all this arrangement should be over with.
if you ask me, i say you should listen to your parents - as they are the ones that continue to look after you, and stay with them and possibly have your daughter over whenever you can. stay away from the ex as things will not get better between ya'll.How much should I listen to my parents in this decision?Listen, you married this man, not your parents. Now of course if every time something goes down between you and your husband you run to your parents, then maybe they do have a say. Your obligation is to your family (daughter and husband), as long as you believe that you guys will make a concerted effort to resolve the problems that caused the break-up in the first place, and of course he isn't abusive (physically or mentally). Then you owe it to yourself and your daughter, to try and work it out.How much should I listen to my parents in this decision?you are the only one who can make your own decisions stop worrying about what anyone else has to say it is your life and you shouldnt ask others or take consideration of every single thing everyone has to say!!! when your parents are gone what are you gonna do??? just live your life the way you want!!!!!!How much should I listen to my parents in this decision?You really need to reconsider your thinking process of getting back together with your X- X's are just that X's, and for GOOD reasons if my memory serves me right. Better look back on his controlling ways. Your parents may just be right considering the way he has treated you and (not to long ago your daughter- just because she failed her Math class). As for staying with them- you have had problems with them and you know your M is cranky and sickly- so a new home really is in order. You are your own person, able to make decisions that will affect you and your child. Remember your parents are trying to guide you and your X is trying to control you. Not a very good combination!!!! Stand up- take control and custody and get your new life in order.
How can I change Court custody jurisdiction in the same state?
I have both full legal and physical custody of my two children but I live 2 hours drive from the county with the jurisdiction in Michigan. Can I change the jurisdiction from county to another in the same state? If yes please what form do I need to file.How can I change Court custody jurisdiction in the same state?Why would you need to? Do you plan on being in court with the other parent a great deal? You have to petition the original county to release jurisdiction to the county you now live in...this would probably require an attorney. If the non-custodial parent still lives there, I doubt they will let you change.How can I change Court custody jurisdiction in the same state?You can go to the Family Court that is closer to you and ask the Hearing Officers in the Domestic Relations Branch to give you the forms to have your case transferred from one county to the other. Since Custody Orders are actually provided in the State Court there shouldn't be any problem with changing the site of your court hearings. (It's actually not a change in jurisdiction because it will remain the purview of the State's courts.How can I change Court custody jurisdiction in the same state?It would be advisable to consult the Court Registrar or equivalent. They would be able to help. It should be possible provided you have legitimate reason.How can I change Court custody jurisdiction in the same state?consult a child custody expert for this,as far as my knowledge is concerned both the bilogical parents must accept for what your asking...good luck
What legal options does a man have if he is being kept from seeing his kids?
what can a man do who is kept from seeing his kids? How can he get to see them or change custody so that he can have the kids?What legal options does a man have if he is being kept from seeing his kids?First, you need to get an attorney. He needs to specialize in family law. If you have gone to Court already and custody was already awarded to mom, you need to get a copy of that order. In that order you should see the visitation schedule that was ordered by the Judge. If she is not allowing that visitation your lawyer needs to get a hearing called a %26quot;Rule to Show Cause%26quot;. In this hearing mom will be asked why she is not abiding by the order and she will be told to begin immediately. If she continues to refuse, she will eventually loose the children to you completely.
If you do not have Court order showing custody, then you need to get one. You need to get an attorney either way. If she has been refusing your visitation, your attorney may be able to get an emergency hearing. At that time you can tell the Judge what's going on and he will order visitation. You can also at that time let it be known that you want to fight for custody.
A Guardian ad Litem will need to be appointed. The Guardian will speak to you, the mom and the children. She will speak to a list of reference that you provide and she will do her own investigation. It is then her job to make a recommendation to the Judge regarding who should have custody and what the visitation should be.
Documentation, documentation, documentation. Document everything. Begin keeping a calendar. Write down every phone conversation that you have and the result, whether it be with your children or the mom. Write down everytime you request to see the children. Write down every time she refuses and the reason she gives. You must keep immaculate records showing the pattern here.
She will probaly try to justify her actions to the Court. Make sure you can pass a hair follicle drug test . Make sure you are living a good life as a good dad.
Get an attorney and fight a good fight. Those children deserve thier father. If the mother is keeping them from you, then she does not deserve them. Good luck...What legal options does a man have if he is being kept from seeing his kids?go to the court ... file a case under marriage law ipc 2not 4 ...What legal options does a man have if he is being kept from seeing his kids?take the matter to court, you have rightsWhat legal options does a man have if he is being kept from seeing his kids?Get a lawyerWhat legal options does a man have if he is being kept from seeing his kids?if court ordered for visits then file contempt of court chargesWhat legal options does a man have if he is being kept from seeing his kids?go to a lawyer. if you have a court order to see your kids, the mother is violating that court order and if it contiues, you will get custody. If you don't have a court order, get a paternity test done, and request visitation through the courts!
Thats your best bet.
best of luck!!! I know i couldn't stand not to be able to be with my kids!!What legal options does a man have if he is being kept from seeing his kids?Get a lawyer, He will be able to get you visitation rights.What legal options does a man have if he is being kept from seeing his kids?you need to go to court and fight for custody. if you are paying child support for the kids then you need to get a hold of the courts and tell them that she is keeping you from the kids and why are you paying child suport if you can't see your kids. show the judge you are a fit parent to raise your kids.dvr home theater
If you do not have Court order showing custody, then you need to get one. You need to get an attorney either way. If she has been refusing your visitation, your attorney may be able to get an emergency hearing. At that time you can tell the Judge what's going on and he will order visitation. You can also at that time let it be known that you want to fight for custody.
A Guardian ad Litem will need to be appointed. The Guardian will speak to you, the mom and the children. She will speak to a list of reference that you provide and she will do her own investigation. It is then her job to make a recommendation to the Judge regarding who should have custody and what the visitation should be.
Documentation, documentation, documentation. Document everything. Begin keeping a calendar. Write down every phone conversation that you have and the result, whether it be with your children or the mom. Write down everytime you request to see the children. Write down every time she refuses and the reason she gives. You must keep immaculate records showing the pattern here.
She will probaly try to justify her actions to the Court. Make sure you can pass a hair follicle drug test . Make sure you are living a good life as a good dad.
Get an attorney and fight a good fight. Those children deserve thier father. If the mother is keeping them from you, then she does not deserve them. Good luck...What legal options does a man have if he is being kept from seeing his kids?go to the court ... file a case under marriage law ipc 2not 4 ...What legal options does a man have if he is being kept from seeing his kids?take the matter to court, you have rightsWhat legal options does a man have if he is being kept from seeing his kids?Get a lawyerWhat legal options does a man have if he is being kept from seeing his kids?if court ordered for visits then file contempt of court chargesWhat legal options does a man have if he is being kept from seeing his kids?go to a lawyer. if you have a court order to see your kids, the mother is violating that court order and if it contiues, you will get custody. If you don't have a court order, get a paternity test done, and request visitation through the courts!
Thats your best bet.
best of luck!!! I know i couldn't stand not to be able to be with my kids!!What legal options does a man have if he is being kept from seeing his kids?Get a lawyer, He will be able to get you visitation rights.What legal options does a man have if he is being kept from seeing his kids?you need to go to court and fight for custody. if you are paying child support for the kids then you need to get a hold of the courts and tell them that she is keeping you from the kids and why are you paying child suport if you can't see your kids. show the judge you are a fit parent to raise your kids.
How can i change my custody arrangement? plz...?
i really need help with this.
my parents recently went to court for custody of me june 15....
i am 15 and when i went to court i said i wanted to live with my mom but see my dad evry other weekend....mainly becuase i dont want to be seperated from my brother...and thats what they decided
well now im starting see i shouldve said it the other way around..... my bro is turning 18 soon and he is probably gonna live with me dad after he turns 18 cuz of stuff my mom has put him through....
and her and her boyfriend are starting to majorly treat me like crap now that everything has been decided...
and now i cant help but think living with my dad is a much better choice and i made a mistake by telling the court what i did....
so how can i change the custody arrangements?
or what can i do to be able to break the arrangements without my dad going to jail or something.....
please....jus tell me what i or my parents could doHow can i change my custody arrangement? plz...?well if ur parents are willing to allow it they already went thru the custody thing so they know the drill and can set it all up, otherwise u are gonna have to talk to someone like a police officer or a lawyer or something like that to figure out what it is u have to do. i say those people becuz they know the laws and prlly can help u out the most if ur parents are uncooperative.
also if ur dad is all for it just tell him and he can prlly do alot of the work.
my parents recently went to court for custody of me june 15....
i am 15 and when i went to court i said i wanted to live with my mom but see my dad evry other weekend....mainly becuase i dont want to be seperated from my brother...and thats what they decided
well now im starting see i shouldve said it the other way around..... my bro is turning 18 soon and he is probably gonna live with me dad after he turns 18 cuz of stuff my mom has put him through....
and her and her boyfriend are starting to majorly treat me like crap now that everything has been decided...
and now i cant help but think living with my dad is a much better choice and i made a mistake by telling the court what i did....
so how can i change the custody arrangements?
or what can i do to be able to break the arrangements without my dad going to jail or something.....
please....jus tell me what i or my parents could doHow can i change my custody arrangement? plz...?well if ur parents are willing to allow it they already went thru the custody thing so they know the drill and can set it all up, otherwise u are gonna have to talk to someone like a police officer or a lawyer or something like that to figure out what it is u have to do. i say those people becuz they know the laws and prlly can help u out the most if ur parents are uncooperative.
also if ur dad is all for it just tell him and he can prlly do alot of the work.
How do I file for a motion to change my current custody orders for the best interest of the kids in CA?
I have custody but I joined the military and left my children with their father. I never released custody, they are still mine but I now reside in KY and our visitation agreement will no longer work. He has also proved that he cant handle the job. I would like to work things out and file everything I have to so i don't lose any more time. I am currently deployed......Please helpHow do I file for a motion to change my current custody orders for the best interest of the kids in CA?Consult a lawyer as soon as you can. Complicated matter with children, and you'll need a lawyer here.How do I file for a motion to change my current custody orders for the best interest of the kids in CA?If you are deployed go to your lawyers on your base and find out.
How hard is it to change child custody decree in texas?
My brother divorced 1 yr ago b/c wife found someone else. They decided on equal custody and no one filed child support b/c it was equal custody. Since the divorce my ex sister in law has introduced kids to a couple boyfriends and has even had them sleep over from the very start. Now a yr later my brother finally has a girlfriend and my ex sister in law is furious b/c the kids like her, so she's a bit jealous and insecure. she has filed a change in divorce decree and now wants full custody of kids allowing my brother visitation rights and wants child support too. Her argument is that now that bro has girlfriend she thinks it to be unstable for them to have another woman figure around, yet she's introduced them to several men from the very beginning where as my bro has given them at least a yr before introducing them to anyone. what are the chances of her winning the change in divorce decree? Maybe I am being bias but her argument and intentions seem selfish and hypocritical.How hard is it to change child custody decree in texas?You will need to seek the advice of a good lawyer .
When a couple are divorced , it is expected that both will seek and find new partners .
In the circumstances you desribe your ex sister-in-law would have to make a very good case , justifying her objection to the girlfriend of your brother . You brother too , can site the boyfriends of his ex , who have casualy stayed over . The ex wife would have to show maltreatment of the children by the girlfriend , when they stay with their father .
Your brother must document any verifiable evidence in support of his case . If in the original divorce your brother's wife went off with sombody else and since has had several other relationships ; it shows that she is not a very stable and responsible person to be caring for her own children . Your brother needs to build a good case , before any legal action is taken by his ex wife .
I think the chances are that a good judge will not make an order for change . I don't know how old the children are , but often they can be consulted too .
I was divorced in England after lengthy litigation . Two of my children were in their teens by that time . The court social worker interviewed the all and recommended that I have custody care and control . I left custody open , so the children could decide when they wanted to be with me or with their mother .How hard is it to change child custody decree in texas?I agree with you. Her intentions seem based on her anger and jealousy, not concern for the kids. And I would hope that any sane judge given the evidence on both sides would be able to see this. I think your brother has a better case than her as he as you said gave the kids time to adjust and slowly introduced another woman not just all of a sudden like his ex with the other men in her life. If he gets a compotent judge on the case I wouldnt worry too much about it, if that is his ex wifes only argument, it shouldnt go farHow hard is it to change child custody decree in texas?Generally pairs have child support going, so this would be a special case...I would be able to answer if one or the other was paying child support, but for this I'm not sure, but they DO look at what's been best for the kid, like steady income and all, however, generally the mothers win.
When a couple are divorced , it is expected that both will seek and find new partners .
In the circumstances you desribe your ex sister-in-law would have to make a very good case , justifying her objection to the girlfriend of your brother . You brother too , can site the boyfriends of his ex , who have casualy stayed over . The ex wife would have to show maltreatment of the children by the girlfriend , when they stay with their father .
Your brother must document any verifiable evidence in support of his case . If in the original divorce your brother's wife went off with sombody else and since has had several other relationships ; it shows that she is not a very stable and responsible person to be caring for her own children . Your brother needs to build a good case , before any legal action is taken by his ex wife .
I think the chances are that a good judge will not make an order for change . I don't know how old the children are , but often they can be consulted too .
I was divorced in England after lengthy litigation . Two of my children were in their teens by that time . The court social worker interviewed the all and recommended that I have custody care and control . I left custody open , so the children could decide when they wanted to be with me or with their mother .How hard is it to change child custody decree in texas?I agree with you. Her intentions seem based on her anger and jealousy, not concern for the kids. And I would hope that any sane judge given the evidence on both sides would be able to see this. I think your brother has a better case than her as he as you said gave the kids time to adjust and slowly introduced another woman not just all of a sudden like his ex with the other men in her life. If he gets a compotent judge on the case I wouldnt worry too much about it, if that is his ex wifes only argument, it shouldnt go farHow hard is it to change child custody decree in texas?Generally pairs have child support going, so this would be a special case...I would be able to answer if one or the other was paying child support, but for this I'm not sure, but they DO look at what's been best for the kid, like steady income and all, however, generally the mothers win.
Would this cause a change in custody?
Mother has had the child with here since birth and after father walked out almost a year ago. Child is only about 20-21 months old. Father has now decided he wants to get custody after giving custody to the mother in temporary hearing back in March. Says that because the mother is unemployed right now at this time and is looking to move out of state for a job she should lose custody. He states that he's more fit to be the parent and take care of the child because he is employed full time.
Father only executes half of the court appointed visitations, and when the child comes home he is always severly dehydrated and hungry. Motion has been filed for an appointment of a guardian ad litem and at first mother was told the case would be over in august but now could be october at the latest.
Mother has no record and is in fact an educator with a nanny for the child since birth. nothing will change but the location of where the child lives.
do you think the father can win custody of the child? What evidence can he use other than unemployment to try and get custody? What if the guardian ad litem doesn't do the case unbias...how does the mother fight back? father's father has a history of molestation of his own child and alcohol abuse. father's mother is undiagnose bipolar and he doesn't have child care. He works and goes to school full-time with no time at home or funds to put child in daycare.
Help!!!Would this cause a change in custody?IF you can prove the child molestation and alcohol abuse there's no chance that a judge is going to give this man custody! Being unemployed is not grounds for change of custody.
Father only executes half of the court appointed visitations, and when the child comes home he is always severly dehydrated and hungry. Motion has been filed for an appointment of a guardian ad litem and at first mother was told the case would be over in august but now could be october at the latest.
Mother has no record and is in fact an educator with a nanny for the child since birth. nothing will change but the location of where the child lives.
do you think the father can win custody of the child? What evidence can he use other than unemployment to try and get custody? What if the guardian ad litem doesn't do the case unbias...how does the mother fight back? father's father has a history of molestation of his own child and alcohol abuse. father's mother is undiagnose bipolar and he doesn't have child care. He works and goes to school full-time with no time at home or funds to put child in daycare.
Help!!!Would this cause a change in custody?IF you can prove the child molestation and alcohol abuse there's no chance that a judge is going to give this man custody! Being unemployed is not grounds for change of custody.
Change in Custody agreement?
I have joint custody with my ex-husband of our two children, age 16 and 10. The 16yo has chosen to live with him pretty much full time. The younger child wants to live with me. We have a joint custody agreement from the divorce. I would like to move about 30 minutes away and have the younger child live with me during the week and go to school in the new town. How motivated are the courts to make this change? I cover insurance on the younger one even though he has a family plan, but chose not to put the younger one on it. Even though it cost the same! He does not pay support and has not taken my name off the house, 2 years past the court's deadline. What are my options?
ThanksChange in Custody agreement?If you are both in agreement then the court will most likely not object. I am a bit surprised why no support , but that is your business. You do have some leverage because of the house.file married even horses
ThanksChange in Custody agreement?If you are both in agreement then the court will most likely not object. I am a bit surprised why no support , but that is your business. You do have some leverage because of the house.
How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?
First, only Texas has a law that allows the child to make a choice, so you won't get custody without a challenge. She can express her opinion, but a guardian ad litem is not obligated to pass it on to the court and a judge is not obligated to take it into account.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?Where was the original custody decision rendered and filed? A FL family law attorney would be best able to let you know if you can still go before a Judge in FL to have custody changed if the original ruling was in CO, or if you would have to go back before the same court.
At 15 years of age, the child is old enough to have the right to express her wishes to the Judge. As long as he doesn't find anything out of the ordinary involved, I can't see why the decision would not change.
I guess it's futile for the child to see if the present custodial parent will agree to the change, to avoid having to go back into court?
Hopefully this isn't about money, because hypothetically speaking, a mother may not want to relinquish custody to the father because she's using the child support $ to supplement her income. Dad may want custody primarily so he can stop paying child support, especially if a new wife is putting him up to that.
If that's not how it is at all, offer to let the mother keep the child support until the age of majority, and say that you just want the child because it's in her best interests.
Hopefully that will make everyone happy. If not, it's back to the courts.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?Doesnt matter what the child wants til one parent petitions the courts for a custody remodification hearing at which time the interested parent can petition the Judge to allow the child to voice their preference. So the child may have to appear in court before the Judge or do a telephone interview if allowed in which case could take some time since it involves two seperate states. Good luckHow long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?In the State of CT a 15 year old can leave the state and there is no way a parent can get that child back. They can't force a child to return; they can't force a child to go home; they can't even arrest the child. See what the laws in CO have to say about minors leaving...if you and your ex are in agreement with the child leaving CO than have her leave and change custody afterward - if you have to at all.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?Depends on the facts and law in the state with proper jurisdiction. Please ask any other questions about this of an attorney.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?depends on what kind of wait there is to get on the docket.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?the courts determine the court dates, ask them
At 15 years of age, the child is old enough to have the right to express her wishes to the Judge. As long as he doesn't find anything out of the ordinary involved, I can't see why the decision would not change.
I guess it's futile for the child to see if the present custodial parent will agree to the change, to avoid having to go back into court?
Hopefully this isn't about money, because hypothetically speaking, a mother may not want to relinquish custody to the father because she's using the child support $ to supplement her income. Dad may want custody primarily so he can stop paying child support, especially if a new wife is putting him up to that.
If that's not how it is at all, offer to let the mother keep the child support until the age of majority, and say that you just want the child because it's in her best interests.
Hopefully that will make everyone happy. If not, it's back to the courts.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?Doesnt matter what the child wants til one parent petitions the courts for a custody remodification hearing at which time the interested parent can petition the Judge to allow the child to voice their preference. So the child may have to appear in court before the Judge or do a telephone interview if allowed in which case could take some time since it involves two seperate states. Good luckHow long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?In the State of CT a 15 year old can leave the state and there is no way a parent can get that child back. They can't force a child to return; they can't force a child to go home; they can't even arrest the child. See what the laws in CO have to say about minors leaving...if you and your ex are in agreement with the child leaving CO than have her leave and change custody afterward - if you have to at all.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?Depends on the facts and law in the state with proper jurisdiction. Please ask any other questions about this of an attorney.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?depends on what kind of wait there is to get on the docket.How long does it take to change child custody when child requests? she is in CO and 15 years. We are in FL.?the courts determine the court dates, ask them
Change of child custody without the court system?
Two parents- custodial Mother living in Florida- Father living in NY- have agreed to a change of custody. Our school district here in NY requires Family court papers with a raised seal to prove custody to enroll a new student. Florida divorce papers are not 50 pages long like NY ones :), it is simply a signed, sealed document.Nowhere on this document is custody mentioned, just a divorce decree.... Parents have agreed minor child should come to NY and live with father, as mother works nights/weekends and child is failing school-badly.. How do the parents prove this new custody agreement so child can be enrolled in NY school? The court system in our area is very back logged and it could take months to get a date, go to court and Simply change this. We are looking for the fastest, easiest and frugal way to handle this. Th
Our school Registar will NOT enroll a student without proof of custody if the child has divorced parents.
Change of child custody without the court system?in texas they wouldn't either... get a court paper saying you have custodial rights would be my advice.. no change to custody is legal without the courts ok
Our school Registar will NOT enroll a student without proof of custody if the child has divorced parents.
Change of child custody without the court system?in texas they wouldn't either... get a court paper saying you have custodial rights would be my advice.. no change to custody is legal without the courts ok
How do I get custody of my wife's kid. I have been "Dad" for years but want her to share my last name.?
I live in Beaverton, Oregon. I believe that her biological father wont contest the change in custody I just need to know if we need to fill out forms or hire a lawyer or?? I appreciate any help at all. Thank you.How do I get custody of my wife's kid. I have been %26quot;Dad%26quot; for years but want her to share my last name.?You'll need to hire an attorney who specializes in family law to help with the legal side of things. The biological father will also have to willingly give up his paternal rights in order for you to adopt.
As for sharing your last name, if the child is very young, then you'll just have to go through a name change (not a speedy process, but not a particularly difficult one either). My opinion is that if the child is older than 10, you should ask her if she WANTS to change her last name, and to value her opinion. Tell her that you would like it if she took your last name, since you want to be %26quot;Dad for real.%26quot; But also say that since she's lived with that name for a long time, you'll understand if she wants to keep it. And try not to be too hurt if she wants to keep the name she was given at birth... it doesn't mean she doesn't love you.How do I get custody of my wife's kid. I have been %26quot;Dad%26quot; for years but want her to share my last name.?it's called adoption.
the bio dad signs (witnessed by a notary) a %26quot;release of parental rights%26quot; legal form for your state that you can probably find online. look around online for free community legal help, get online with NOLO (great legal site), call the law schools, etc.
this will make you legally responsible for this child until she is 18 and for that you can rename her the family name.
%26quot;Custody%26quot; is something different. Your wife as %26quot;custody%26quot; = there is a primary and secondary is the visting parent or they have shared or equal custody and no one pays child support. You are not a consideration. In the event something happens to your wife you should look into changes so this kid doesnt get returned to a parent who doesnt want her. Again, you would not be a consideration in your current setting of being a stepfather, sadly. This is why you need wills, living trusts, etc. for your kids so they don't end up in the wrong hands.
You can do this without the expense of a lawyer if everyone is in agreement. Either way if you adopt you will have to go to a court hearing and the judge will have to interview everyone, including the child. Right on, adopt and love that kid to bits!
See out legal advice from a court mediator or county clerks office. I hate attorneys and would avoid their %26quot;help%26quot; at any %26quot;cost%26quot; as they will bilk you for all you have for something relatively simple - you don't need one, you can do loads of things on your own.
googleHow do I get custody of my wife's kid. I have been %26quot;Dad%26quot; for years but want her to share my last name.?If all 3 persons (kid, mom, bio dad) are in agreement, then ok to adopt the kid. If any one objects, then best leave it alone.
As for sharing your last name, if the child is very young, then you'll just have to go through a name change (not a speedy process, but not a particularly difficult one either). My opinion is that if the child is older than 10, you should ask her if she WANTS to change her last name, and to value her opinion. Tell her that you would like it if she took your last name, since you want to be %26quot;Dad for real.%26quot; But also say that since she's lived with that name for a long time, you'll understand if she wants to keep it. And try not to be too hurt if she wants to keep the name she was given at birth... it doesn't mean she doesn't love you.How do I get custody of my wife's kid. I have been %26quot;Dad%26quot; for years but want her to share my last name.?it's called adoption.
the bio dad signs (witnessed by a notary) a %26quot;release of parental rights%26quot; legal form for your state that you can probably find online. look around online for free community legal help, get online with NOLO (great legal site), call the law schools, etc.
this will make you legally responsible for this child until she is 18 and for that you can rename her the family name.
%26quot;Custody%26quot; is something different. Your wife as %26quot;custody%26quot; = there is a primary and secondary is the visting parent or they have shared or equal custody and no one pays child support. You are not a consideration. In the event something happens to your wife you should look into changes so this kid doesnt get returned to a parent who doesnt want her. Again, you would not be a consideration in your current setting of being a stepfather, sadly. This is why you need wills, living trusts, etc. for your kids so they don't end up in the wrong hands.
You can do this without the expense of a lawyer if everyone is in agreement. Either way if you adopt you will have to go to a court hearing and the judge will have to interview everyone, including the child. Right on, adopt and love that kid to bits!
See out legal advice from a court mediator or county clerks office. I hate attorneys and would avoid their %26quot;help%26quot; at any %26quot;cost%26quot; as they will bilk you for all you have for something relatively simple - you don't need one, you can do loads of things on your own.
googleHow do I get custody of my wife's kid. I have been %26quot;Dad%26quot; for years but want her to share my last name.?If all 3 persons (kid, mom, bio dad) are in agreement, then ok to adopt the kid. If any one objects, then best leave it alone.
Alabama custody law questoins please advise if you know?
My 16 yr. old sister wants to go and live with our dad. Her mother has legal custody and child support order. How old does a child need to be to decide who they want to live with? Also, what is the process for a change of custody? Is it a long drawn out process?Alabama custody law questoins please advise if you know?She needs to follow the judge's orders regarding her living situation until she is 18. If she wants to change custody, your dad needs to ask the judge for permission. This will require hiring a lawyer and it will probably take a month or two.
Changing custody.. mom moving out of state, father wants child to stay/live with him?
my daughter is moving several states away, about 9 hours, the father of her oldest wants her to leave their son with him..right now they each have him about part time. he is 4.
both have no money to speak of. other then enough to pay bills and such, not enough to get/pay a lawyer.
there is no visitation set up, they just have agreed to the part time over the years, but now with my daughter moving, the father wants to know how he can stop her from taking their son, ?
would the court help me if he has no money and she is moving to another state? what exactly does he do.?Changing custody.. mom moving out of state, father wants child to stay/live with him?My husband went through this. His ex-wife wanted to move a state away. He ended up loosing because they always choose the mom over the father. It is totally unfair for the mom to take the child away from the other parent. They should have a law against that. I would go to court to at least set up visitation rights and make sure and make her have to pay for all costs of travel since she is taking the child away. My husband had to pay 800.00 every other month to see his daughter for only 2 days a month. Plus his daughter started missing school because she was tired from flying during the weekends. Then it went only to holidays. How is that a relationship. Only seeing your child a few times a year. It is very selfish of a parent to take away this child from another parent. They will loose there relationship. The child's welfare should come first till the child is 18.Changing custody.. mom moving out of state, father wants child to stay/live with him?He doesn't have a choice he needs to get a lawyer or get a restraining order, to prevent it. Don't dally get on the stick, or she will be gone and then it's to late.Changing custody.. mom moving out of state, father wants child to stay/live with him?find a lawyer a good oneChanging custody.. mom moving out of state, father wants child to stay/live with him?Both of the parents need to take it to court. This can cause major problems later on, even if they agreed on something now. My parents did the same thing, and I was tossed back and forth between them (even though they lived in different states). So to be on the safe side, get the legal stuff done now.Changing custody.. mom moving out of state, father wants child to stay/live with him?Go to legal aid and get help this is going to be more difficult than you are understanding, if legal aid can't help go to your nearest law school and find out what they can do for you.
Taking the child out of state with out court permission is ilegal in joint custody situations, so you need to see a lawyer!php web hosting marriage and divorce4
both have no money to speak of. other then enough to pay bills and such, not enough to get/pay a lawyer.
there is no visitation set up, they just have agreed to the part time over the years, but now with my daughter moving, the father wants to know how he can stop her from taking their son, ?
would the court help me if he has no money and she is moving to another state? what exactly does he do.?Changing custody.. mom moving out of state, father wants child to stay/live with him?My husband went through this. His ex-wife wanted to move a state away. He ended up loosing because they always choose the mom over the father. It is totally unfair for the mom to take the child away from the other parent. They should have a law against that. I would go to court to at least set up visitation rights and make sure and make her have to pay for all costs of travel since she is taking the child away. My husband had to pay 800.00 every other month to see his daughter for only 2 days a month. Plus his daughter started missing school because she was tired from flying during the weekends. Then it went only to holidays. How is that a relationship. Only seeing your child a few times a year. It is very selfish of a parent to take away this child from another parent. They will loose there relationship. The child's welfare should come first till the child is 18.Changing custody.. mom moving out of state, father wants child to stay/live with him?He doesn't have a choice he needs to get a lawyer or get a restraining order, to prevent it. Don't dally get on the stick, or she will be gone and then it's to late.Changing custody.. mom moving out of state, father wants child to stay/live with him?find a lawyer a good oneChanging custody.. mom moving out of state, father wants child to stay/live with him?Both of the parents need to take it to court. This can cause major problems later on, even if they agreed on something now. My parents did the same thing, and I was tossed back and forth between them (even though they lived in different states). So to be on the safe side, get the legal stuff done now.Changing custody.. mom moving out of state, father wants child to stay/live with him?Go to legal aid and get help this is going to be more difficult than you are understanding, if legal aid can't help go to your nearest law school and find out what they can do for you.
Taking the child out of state with out court permission is ilegal in joint custody situations, so you need to see a lawyer!
How Does a 12 yr old Get Custody Changed in TX?
My 3 stepsons live with their mother. The oldest will be 12 in September, and has always wanted to live with us. I know that once he's 12 he can file an affidavit stating this, but how should we go about it? How seriously will he be taken at 12 years old? Is it possible to have the judge review the entire cs order during this? (my husband pays $985 a mth in cs, based on her lies, which he now has proof of) Will a hearing have to be held in her town, where the original cs order was signed? (they live 8.5 hours from us) Any help with this is appreciated.How Does a 12 yr old Get Custody Changed in TX?I don't know where you %26quot;KNOW%26quot; this from but you are wrong, as are the two other answers you received.
NOWHERE except in Georgia, can a child petition the court for a change of custody. And in Georgia, by statute, a child of 14 can.
In Texas YOU must petition the court for a change in custody on the grounds of a significant change in circumstances sufficient to allow the court to take custody away from the mother.
This doesn't simply mean that the child wants it, but that there is some change in the circumstances sufficient to allow the court to believe that living with you will be far superior than living with the legal custodian.
In Texas, a parent seeking to change custody through the court usually must show that the conditions have changed substantially since the last custody order, and;
Additionally, it is generally presumed that the court should retain the current custody arrangement unless the party seeking the change custody demonstrates that it has met the statutory criteria by a preponderance of the evidence.
While The Texas Family Code provides that a child may sign an affidavit of choice of conservator at the age of twelve. This is only one piece of evidence, and the court will still determine what is in the best interest of the child. Of course it becomes a bigger piece of evidence the older the child gets.
And by the way, YOU have no dog in this fight. Also, child support has no bearing on the issue of custody. so I would suggest your husband have a sitdown with a local attorny and YOU stay out of it.
I have practiced law for 35 years and I can't begin to count the number of step-parents who have been either admonished for interfering in the dispute, or literally kicked out of the courtroom for becomming involved.
Also, no, the court will not review the CS order unless a specific motion to amend is filed. CS and custody are two separate issues.
And finally, yes, the court of original jurisdiction will be hearing all issues related to the current order unless you can show sufficient grounds to move the hearing.How Does a 12 yr old Get Custody Changed in TX?I don't know about Texas....but here,the age has to be 13....then you get an attny.,and they will question the child....and go from there.Each case is different.How Does a 12 yr old Get Custody Changed in TX?In Texas the children can choose to live with either parent at age 11. So have your husband's attorney get a statement from the child. The hearing is held in the court that has jurisdiction, where the divorce took place. If you have proof of her giving false testimony which caused the child support payments? Generally payments are based on his income, you can have the payments adjusted if there is a change in his income, and she can have the payments raised if he is making more than at the time of the judgment. Talk to the attorney about everything you wish to change in the decree.
NOWHERE except in Georgia, can a child petition the court for a change of custody. And in Georgia, by statute, a child of 14 can.
In Texas YOU must petition the court for a change in custody on the grounds of a significant change in circumstances sufficient to allow the court to take custody away from the mother.
This doesn't simply mean that the child wants it, but that there is some change in the circumstances sufficient to allow the court to believe that living with you will be far superior than living with the legal custodian.
In Texas, a parent seeking to change custody through the court usually must show that the conditions have changed substantially since the last custody order, and;
Additionally, it is generally presumed that the court should retain the current custody arrangement unless the party seeking the change custody demonstrates that it has met the statutory criteria by a preponderance of the evidence.
While The Texas Family Code provides that a child may sign an affidavit of choice of conservator at the age of twelve. This is only one piece of evidence, and the court will still determine what is in the best interest of the child. Of course it becomes a bigger piece of evidence the older the child gets.
And by the way, YOU have no dog in this fight. Also, child support has no bearing on the issue of custody. so I would suggest your husband have a sitdown with a local attorny and YOU stay out of it.
I have practiced law for 35 years and I can't begin to count the number of step-parents who have been either admonished for interfering in the dispute, or literally kicked out of the courtroom for becomming involved.
Also, no, the court will not review the CS order unless a specific motion to amend is filed. CS and custody are two separate issues.
And finally, yes, the court of original jurisdiction will be hearing all issues related to the current order unless you can show sufficient grounds to move the hearing.How Does a 12 yr old Get Custody Changed in TX?I don't know about Texas....but here,the age has to be 13....then you get an attny.,and they will question the child....and go from there.Each case is different.How Does a 12 yr old Get Custody Changed in TX?In Texas the children can choose to live with either parent at age 11. So have your husband's attorney get a statement from the child. The hearing is held in the court that has jurisdiction, where the divorce took place. If you have proof of her giving false testimony which caused the child support payments? Generally payments are based on his income, you can have the payments adjusted if there is a change in his income, and she can have the payments raised if he is making more than at the time of the judgment. Talk to the attorney about everything you wish to change in the decree.
How to change my local custody to International custody or obtain an International custody?
Is there anyway to change my local custody decree to International custody or obtain international custody? Is it in Switzerland?How to change my local custody to International custody or obtain an International custody?There is no such thing as %26quot;International custody%26quot;. Under the Hague convention, the courts in contracting states are bound to accept the custody rulings of courts in other contracting states. The convention sets out guidelines for determining which country has jurisdiction.
As I said in my other answer, the convention does not apply to you.
BUT.... that may not really matter. That your current country was not a contracting State when the removal occurred means that the courts in Turkey are not *required* to recognize the custody order that your husband violated. It does NOT mean that they won't choose to recognize it anyway, or, if they choose not to, that they won't award you custody anyway.
Richard
As I said in my other answer, the convention does not apply to you.
BUT.... that may not really matter. That your current country was not a contracting State when the removal occurred means that the courts in Turkey are not *required* to recognize the custody order that your husband violated. It does NOT mean that they won't choose to recognize it anyway, or, if they choose not to, that they won't award you custody anyway.
Richard
Regarding a 10 year outdated Divorce Decree?
How difficult is it to revise a court order to change custody rights? One parent with 50% has changed and is no longer making the child檚 welfare a priority.
Please do not tell me to seek legal advice, I am in the process, I just want to see if you have experience and how probable it really is.
Regarding a 10 year outdated Divorce Decree?depends on what exactly you want to change in the agreement - you haven't given any useful info in your Q? If its a standard Joint legal custody, on parent with primary custody, other parent with visitation rights, I don;t see that getting changed unless there are severe problems, like documented physical abuse of the child or other criminal activitiesRegarding a 10 year outdated Divorce Decree?You have to provide proof...
Please do not tell me to seek legal advice, I am in the process, I just want to see if you have experience and how probable it really is.
Regarding a 10 year outdated Divorce Decree?depends on what exactly you want to change in the agreement - you haven't given any useful info in your Q? If its a standard Joint legal custody, on parent with primary custody, other parent with visitation rights, I don;t see that getting changed unless there are severe problems, like documented physical abuse of the child or other criminal activitiesRegarding a 10 year outdated Divorce Decree?You have to provide proof...
Custody change?
so im 16 n my sis is 14 we have alwayz wanted ta live wit our mom. so we finally went to get it changed and they gav us a date in oct. to come for court n they wil c bout changin wher we live. so my dad has alot of money but hes just always mad n has a bad temper..we dont want to live with him so how do we convince the judge to let us live with our mom?? were old enough to choose!! its just we need some ways to convince the judge?? any ideas.... cuz we dont want to have to live with our dad....Custody change?tell the judge exactly how you feel. write a long letter stating why you want to live with your mom rather than live with your dad. tell the judge that your dad doesnt have enough time to spend with you and that you love your dad very much but you need a mothers touch.
tell the judge that you prefer to live with your mom because she is nicer and more attentive. she gives you the love and attention that you need and you have a closer bond with her.
tell the judge that money isnt everything and that you feel that the only reason your father won custody in the first place is because his money.
good luck
and i hope u get what you want.Custody change?I believe that at your ages, you can tell the judge you want to live with your mom. Usually, I believe he asks you into his chambers to talk to you alone, to make sure that you're not just saying this because of pressure from the other parent.
At your age, being girls, you can stress the fact that you want to be more with your mom because of women things, and stuff like that!
Wishing you all the best!Custody change?Hi...
If you and your sister would rather live with your mom, there's nothing wrong with it. Judges help kids and parents change custody all of the time.
When the judge asks why you want to live with your mom, you can tell the truth -- my father has a temper and is impatient, and seems very stressed out. And his stress comes out as anger, which makes home very uncomfortable.
You might add that you hope your father will start feeling better and think about getting help with these problems.
That's the truth.
Be as calm and diplomatic as you can while talking with the Judge. You don't have to appear angry with your father, but make sure the Judge knows you are living in an uncomfortable atmosphere.
And i DO hope your dad gets help with these anger issues.
take care.Custody change?Your mother needs to petition the Judge to let you two voice your opinion. Usually the Judge takes you into his chambers and ask you some questions and if he likes the answers, he will let you voice your opinion. But given your ages, he may just take your choice without questioning you. He will take everything into consideration and make his decision with your choices weighing heavily on his. Given your dads temper there should be no problem here getting what you wish. Good luck
tell the judge that you prefer to live with your mom because she is nicer and more attentive. she gives you the love and attention that you need and you have a closer bond with her.
tell the judge that money isnt everything and that you feel that the only reason your father won custody in the first place is because his money.
good luck
and i hope u get what you want.Custody change?I believe that at your ages, you can tell the judge you want to live with your mom. Usually, I believe he asks you into his chambers to talk to you alone, to make sure that you're not just saying this because of pressure from the other parent.
At your age, being girls, you can stress the fact that you want to be more with your mom because of women things, and stuff like that!
Wishing you all the best!Custody change?Hi...
If you and your sister would rather live with your mom, there's nothing wrong with it. Judges help kids and parents change custody all of the time.
When the judge asks why you want to live with your mom, you can tell the truth -- my father has a temper and is impatient, and seems very stressed out. And his stress comes out as anger, which makes home very uncomfortable.
You might add that you hope your father will start feeling better and think about getting help with these problems.
That's the truth.
Be as calm and diplomatic as you can while talking with the Judge. You don't have to appear angry with your father, but make sure the Judge knows you are living in an uncomfortable atmosphere.
And i DO hope your dad gets help with these anger issues.
take care.Custody change?Your mother needs to petition the Judge to let you two voice your opinion. Usually the Judge takes you into his chambers and ask you some questions and if he likes the answers, he will let you voice your opinion. But given your ages, he may just take your choice without questioning you. He will take everything into consideration and make his decision with your choices weighing heavily on his. Given your dads temper there should be no problem here getting what you wish. Good luck
I need to know how to move out of my moms house by emancipation or custody change? Age 17.?
I've been enduring some physical and mental abuse by my mother and step father for the past few years. I am turning 18 this winter, but I cannot wait any longer.. I would like to move in with my father who can support me financially, and is a lot more understanding. I do not want to get either of them in trouble with the abuse aspect, I would rather have this done with drama at a minimum. My mom has recently restricted me from seeing my dad, and has full custody. I do however still see him, and he wants me to move in also.. but either of us know where to start. Please, law related advice only.. I live in Florida.I need to know how to move out of my moms house by emancipation or custody change? Age 17.?Does your father have visitation rights. He can file a motion to enforce, or even an emergency motions to change custody. He can learn about this at Dads House in Yahoo Groups.
http://dads-house.org/
I do hope you are not playing games here. You should never make a false allegation just to get your way. Do you keep a daily journal? You should be.
\\\\\\\\\\\\\\\\\\\\\\\I need to know how to move out of my moms house by emancipation or custody change? Age 17.?Dan I don't know what to tell you but I will pray for the best, you know I love you a ton and I hope you e-mail me used2beterri@yahoo.com Samantha wanted to do this last summer, and I think your mom has to sign a paper allowing it. Samantha tried to get me to sign a paper when I was in the hospital almost dead in June my sister told me, but i was going into surgery and on a ventilator, and now we are in MI. Please let me know what happens ok.
Love you
Theresa Pacurarishould i study abroad in uk comforter take to wash
http://dads-house.org/
I do hope you are not playing games here. You should never make a false allegation just to get your way. Do you keep a daily journal? You should be.
\\\\\\\\\\\\\\\\\\\\\\\I need to know how to move out of my moms house by emancipation or custody change? Age 17.?Dan I don't know what to tell you but I will pray for the best, you know I love you a ton and I hope you e-mail me used2beterri@yahoo.com Samantha wanted to do this last summer, and I think your mom has to sign a paper allowing it. Samantha tried to get me to sign a paper when I was in the hospital almost dead in June my sister told me, but i was going into surgery and on a ventilator, and now we are in MI. Please let me know what happens ok.
Love you
Theresa Pacurari
How do i get custody changed from joint to full when the father is brainwashing the children?
The father has actually made threats and is always calling social workers. And nothing is found wrong. My son has told me that his father takes baths with him and he is seven. My 5 yr old daughter has told me that the father let her sleep in a shed with her uncle. How do i get this taken care of?How do i get custody changed from joint to full when the father is brainwashing the children?First of all you need to go to a social worker, or C.P.S. (children protective services). Make a report, they will document it, there will be a worker that comes to your house investigates, speak with the children. If you refuse to allow the children to go with the father it's not kidnapping its called parenting. You have a right to protect your offspring from that, but you need to get it taken care of as soon as possible. If CPS doesn't do anything call the local Ombudsman office, they WILL certainly take care of it. It will be easy if you have evidence like you do. They will give you immediate emergency custody for the safety of the children until court can go through, also you can speak to the CPS office to speak with them about taking it to family court and getting his parental rights revoked, also report it with the police.How do i get custody changed from joint to full when the father is brainwashing the children?You should take your children to go see a social worker and let them tell the social worker what is happening and take it from there.How do i get custody changed from joint to full when the father is brainwashing the children?What you call brainwashing sounds more like sexual abuse to the rest of us.
Get the kids in to talk with a social worker, NOW.How do i get custody changed from joint to full when the father is brainwashing the children?I'm sorry, but that doesn't sound like Brainwashing to me. That's more Sexual Abuse. You need to get a appointment with C.P.S and get those kids evaluated asap. If you don't there could be major effects in your children's future.How do i get custody changed from joint to full when the father is brainwashing the children?phone social work.
Get the kids in to talk with a social worker, NOW.How do i get custody changed from joint to full when the father is brainwashing the children?I'm sorry, but that doesn't sound like Brainwashing to me. That's more Sexual Abuse. You need to get a appointment with C.P.S and get those kids evaluated asap. If you don't there could be major effects in your children's future.How do i get custody changed from joint to full when the father is brainwashing the children?phone social work.
What does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?
During the marriage when there was significant strife due to the mother's pathological lieing as well as emotional abuse of the children, the mother refused to attend counseling with the husband, claiming that %26quot;Only crazy people see psychologists, and I'M NOT CRAZY!%26quot; To be sure he was making the right decision regarding potential divorce, the husband did attend counseling for two years before separating. To preserve marital assets earned and accumulated by the husband, the wife declared divorce and again, refused psychological evaluation via her attorney who invoked a legal loophole, alleging the wife's constitutional rights would be compromised if forced to be evaluated. The wife received sole custody under a standard court presumption that females make better parents, even though the father petitioned for joint custody and lost.
A board-certified clinical psychiatrist observed the mother's behavior over a period of years as she continued in her campaign of alienation against the father as well as emotional abuse of the children. He opined that she had serious psychological issues and appeared to have Borderline Personality Disorder as well as Histrionic (Hysterical) Personality Disorder. The couples son was diagnosed with ADHD, a condition never found in the husbands family but common in the mothers. It is believed that the mother has Adult ADD based on an inability to focus except for brief periods, but won't recognize her condition or seek treatment for reasons of her own pride and lack of understanding.
Now after a disturbing experience whereby the mother physically attacked and physically beat the 14 year old daughter, the mother is claiming that the daughter has %26quot;serious psychiatric problems%26quot; and is taking the daughter OUT of school to attend a concentrated 2 to 4 week program with psychiatrists at a hospital, all in a dodge to put the blame for the beating on the daughter. The daughter is a straight A student with no history of behavioral problems with her teachers, prefers to read books vs. watch television, and is mild-mannered and kind except when cornered and attacked by her very aggressive mother who refuses to listen to her daughter and ignores even simple requests to not throw her things away.
By feigning that the daughter has serious psychiatric problems that supposedly warrant immediate attention, the mother is now showing classic signs of Menchausen's Syndrome by Proxy. That is, gaining attention and appreciation from professionals is the mother's goal which she can do via her daughter's new doctors and mental health practitioners as the mother pretends to be extremely caring, loving and proactive to help her daughter who in no way is a danger to herself or others. But in the mean time, the mother is causing irreparable damage to the daughter's GPA and class standing by causing her to miss final exams for this psychiatric program which the daughter will voluntarily submit to AFTER her finals, but the mother refuses to accomodate rescheduling due to her own stubborness and lack of appreciation for education. When mother was in school, she was bounced around from several colleges due to behavior problems and never graduated with a 4 year college degree. The father graduated top of his high school class of 700 and then C um Laude from college with a B.B.A. and an M.B.A. from a top 10 university.
So #1: How to get the mother evaluated for clearly bad judgement stemming from her own psychoses; and #2: Can the hospital be challenged for malpractice by aggressively promoting this program to the mother so as to secure new revenue from the mother's health insurance (the mother works for a large insurance company with generous benefits to their employees and their families).What does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?lots of money and a good lawyer good luckWhat does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?Not even going to bother to read all of that... to answer your question, a family court judge has to order a psych eval based on probable cause by the requesting party.
I had a client that just went through the same thing... $20,000 and a year later, her ex retained joint custody, and he had been institutionalized twice. Good luck.What does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?You have to prove to the judge all that you just said. Then, it is up to the judge to order it.What does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?go to the cops say you believe she is a threat to herself
A board-certified clinical psychiatrist observed the mother's behavior over a period of years as she continued in her campaign of alienation against the father as well as emotional abuse of the children. He opined that she had serious psychological issues and appeared to have Borderline Personality Disorder as well as Histrionic (Hysterical) Personality Disorder. The couples son was diagnosed with ADHD, a condition never found in the husbands family but common in the mothers. It is believed that the mother has Adult ADD based on an inability to focus except for brief periods, but won't recognize her condition or seek treatment for reasons of her own pride and lack of understanding.
Now after a disturbing experience whereby the mother physically attacked and physically beat the 14 year old daughter, the mother is claiming that the daughter has %26quot;serious psychiatric problems%26quot; and is taking the daughter OUT of school to attend a concentrated 2 to 4 week program with psychiatrists at a hospital, all in a dodge to put the blame for the beating on the daughter. The daughter is a straight A student with no history of behavioral problems with her teachers, prefers to read books vs. watch television, and is mild-mannered and kind except when cornered and attacked by her very aggressive mother who refuses to listen to her daughter and ignores even simple requests to not throw her things away.
By feigning that the daughter has serious psychiatric problems that supposedly warrant immediate attention, the mother is now showing classic signs of Menchausen's Syndrome by Proxy. That is, gaining attention and appreciation from professionals is the mother's goal which she can do via her daughter's new doctors and mental health practitioners as the mother pretends to be extremely caring, loving and proactive to help her daughter who in no way is a danger to herself or others. But in the mean time, the mother is causing irreparable damage to the daughter's GPA and class standing by causing her to miss final exams for this psychiatric program which the daughter will voluntarily submit to AFTER her finals, but the mother refuses to accomodate rescheduling due to her own stubborness and lack of appreciation for education. When mother was in school, she was bounced around from several colleges due to behavior problems and never graduated with a 4 year college degree. The father graduated top of his high school class of 700 and then C um Laude from college with a B.B.A. and an M.B.A. from a top 10 university.
So #1: How to get the mother evaluated for clearly bad judgement stemming from her own psychoses; and #2: Can the hospital be challenged for malpractice by aggressively promoting this program to the mother so as to secure new revenue from the mother's health insurance (the mother works for a large insurance company with generous benefits to their employees and their families).What does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?lots of money and a good lawyer good luckWhat does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?Not even going to bother to read all of that... to answer your question, a family court judge has to order a psych eval based on probable cause by the requesting party.
I had a client that just went through the same thing... $20,000 and a year later, her ex retained joint custody, and he had been institutionalized twice. Good luck.What does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?You have to prove to the judge all that you just said. Then, it is up to the judge to order it.What does it take to get an Ex-spouse with custody of children, psychologically evaluated for custody change?go to the cops say you believe she is a threat to herself
I had 50/50 custody with my ex - he now has every other weekend only how do I change legally without attorney?
I got a divorce 3 years ago - my ex insisted on 50/50 custody so as to not be forced to pay child support etc. My divorce docs state I'm required to pay 75% of all kids expenses like camp and school etc. because at the time of our divorce I held an executive level position and he was 'temping'. Now, I'm unemployed as my company fell upon hard times and recently filed bankruptcy. I was let go in April and never went for child support assuming I'd be back to work in a few months, I had a severance package and he'd never pay anyhow. Well here we are in November, severance has run out and I'm still out of work. I had to pay 75% of camp in the summer which was totally unfair. Now I have the kids most of the time - he takes them every other weekend. We mutually agreed upon this verbally because the ridiculous custody schedule was having an effect on the kids school work and they don't want to go with him anymore. I cannot afford to take care of them on just unemployment so I need to go to family court and get my divorce docs revised, have custody changed and go for child support. I do not have one dime for an attorney to assist with this process and I know if I present docs to my ex he won't sign them so this has to be done through the courts. Live in Brooklyn NY - any advice?????I had 50/50 custody with my ex - he now has every other weekend only how do I change legally without attorney?You have to do it officially, but there are many, many women in the situation where they cannot afford an attorney. There must be a way - ask for help, from the state, from local services, from family or friends if you have to. Use your executive-level skills and find a way to get it done.I had 50/50 custody with my ex - he now has every other weekend only how do I change legally without attorney?I don't know how it works where you live but in Tn. it all has to go through the court system.
How to get custody change at 16?
I'm 16, turning 17 in a 4 months, i live in madison wisconsin, and my dad has full custody of me.
We just moved there a week ago from la crosse wi, and i'm sick of moving so i don't want to live with him anymore. I hate going to new schools over and over again. I have been to 6 different schools in less than 3 years.
I want to live with my brother that's 19 and he lives in Minnesota. That's where i grew up and my family and friends are there.
I know it's possible, there's no reason the court shouldn't let me decide at my age. My brother can support me better than my dad can.
My dad is not concenting to it ethier and that is what makes it harder.
I just want to know how long this will actually take, and if i really have to fill out all papers instead of just going to the court and having a saying in where i want to live.
thanks, i want to get it done asap before i go to far into the new school here.How to get custody change at 16?You may have to ask your brother to have his attorney petition the court. Since you're 16, it's just a legal formality. You might even be able to move in with your brother without asking the court. Your father might try to regain custody of you, but at 16 years old he probably won't be able to.
We just moved there a week ago from la crosse wi, and i'm sick of moving so i don't want to live with him anymore. I hate going to new schools over and over again. I have been to 6 different schools in less than 3 years.
I want to live with my brother that's 19 and he lives in Minnesota. That's where i grew up and my family and friends are there.
I know it's possible, there's no reason the court shouldn't let me decide at my age. My brother can support me better than my dad can.
My dad is not concenting to it ethier and that is what makes it harder.
I just want to know how long this will actually take, and if i really have to fill out all papers instead of just going to the court and having a saying in where i want to live.
thanks, i want to get it done asap before i go to far into the new school here.How to get custody change at 16?You may have to ask your brother to have his attorney petition the court. Since you're 16, it's just a legal formality. You might even be able to move in with your brother without asking the court. Your father might try to regain custody of you, but at 16 years old he probably won't be able to.
Changing custody agreement.?
I am 15, and I would like my mother to have full custody of me. My parents have been divorced about 3 and a half years, and currently have a legal custody agreement giving them joint custody.
My father's license is suspended and he still drives his car. He currently does not have health insurance for my brothers and I, which I believe is against the divorce agreement. My father is also an alcoholic and drinks around me all the time to the point of intoxication. He also drinks while he drives occasionally, and does not wear a seat belt or obey several traffic laws. I don't have visual evidence that he drinks and drives, but my brothers are witnesses to this as well. I probably could get photos of him driving with out a seat belt, speeding, and drunk... but I at this time I do not have anything but the witness of my brothers and I. My mother would be willing to take full custody of me, but my question is Do I have an adequate case for him to lose custody? and if so, how can I go about taking the proper actions in getting a court date so that my mother can get full custody.Changing custody agreement.?You do not have an adequate case but you mother does. She is the one that has to take it to court. In my state, KY, the judge goes by what is in the best interest of the child. You don't need photographs. All you have to do is tell the judge that you think that your father is a danger to you. What you and your brothers say is the proof, you do not need anything else. Also in KY, if the judge thinks that a child in mature enough to decide who they want to live with, the judge will go with the child's wishes. This is generally taken to be age 12. In this state your mother would not have any problem getting custody. I hope this helps. Good LuckChanging custody agreement.?YES PLEASE tell someone your dad is putting you and your brother in danger.
Tell your mom NOW!!!Changing custody agreement.?You need to make sure your mother is aware of all of this. It's her job to take care of this situation, and contact the proper agencies and courts dealing with this sort of thing. If your mother is aware of whats going on and is doing nothing about it, she's just as bad! It sounds to me like your father is putting you and your siblings at risk in harms way. My sister was killed by a drunk driver! Do NOT get in the car with him if he's been drinking! This is really sad. He is neglecting you guys. If your mother doesn't take care of the situation, telll your teacher at school. They will help!Changing custody agreement.?If you were in England or Wales (Scotland has similar laws), you to to the nearest County Court and ask for the forms for a Section 8 Application under the Children Act, which you can then hand in to the court and serve it on both parents. You might need to see a solicitor (the Citizens Advice Bureau might even suggest the best to find one you can afford, such as through Social Services), who can guide you to your legal position as a minor. Another organisation worth getting in touch with is CAFCASS who would then employ a Court Welfare Officer to produce a Report, which then guides the judge into making an Order.
Basically, the younger you are, the more they take the parents' wishes into account. When you get to secondary age, then the court tends to take the children's wishes in preference to the parents' %26quot;in the light of their age and understanding%26quot;. Since you are 15, your wishes should almost certainly be considered paramount.
What you are applying for is residency. You may also consider asking for an Order for reasonable contact with your father, or ask for contact conditional on you not being driven by him. He may be an alcoholic, and not the most capable man in the world, but he is still your father and I am sure he loves you.
Also be prepared for the possibility that this might provide your father the spur he needs to join Alcoholics Anonymous and go into rehab. If he took up the offer of counselling (which often courts recommend before passing judgement) this may well be what they will ask him to do if he wants to keep his children. How would you feel if he made a serious effort to give up drink?
The other possibility you should consider is that is easy for one parent to turn the children against the other. This is called Parental Alienation, and is all too common. Often the methods are very subtle, such as arranging a sleepover on the day of contact with the other parent, and then make a big scene cancelling it, telling the child the other parent is forcing him or her to stop seeing friends and instead have a boring time in the zoo. Another ploy is to keep a child up late the night before handover, so the child is tired and crotchety. There are so many little tricks - these are often discussed at Women's Groups.
If one parent has a problem (and most adults do), then this is sometimes used as a weapon by the other (usually the stronger parent bullying the weaker). It is usually the parent that has lost the most from the divorce who has the problem, since they are emotionally upset and open to being bullied by the parent who came out well from the divorce: I went down with clinical depression, which I never recovered from; some turn to drink (but I never did that).
Sometimes though, it can be the weaker parent that has as much or more to offer a child in terms of love and life experience, and to cut one parent out just because he or she is being bullied is hardly fair. It is something you may well regret doing when you get into middle age and realise just what you have lost, and realise why the world is becoming a less loving and just place than it used to be.Changing custody agreement.?Since your father is in need of help, your mother should go for at least a temporary change to joint LEGAL custody, with supervised visits until he seeks and completes a rehab program. Clear, despite his addiction, he want to see you, so use it encourage him to get help.
Start keeping a daily journal of your contact. This can be used as evidence in court, but you need to cut out a headline from the daily newspaper to paste at the top of the page. Don't exaggerate, just stick with the facts. If you try to expound it will diminish your creditability.
Your goal as a developing adolescent heading for adulthood is to do the right thing and not just what's easy. You do need both parents in your lives, minus the problems. Try to fix the problems, and if that doesn't work, than your mother can retain full custody.
Aside from this, I hope that you and your brother are avoiding situations where friends may pressure you to drink alcoholic beverages. You have an inherent possibility of alcoholism, especially your brother. You have to be strong to avoid repeating the patter.
You should also consider joining Alateen.
http://www.al-anon.alateen.orgget braces or don't get them pictures deleted myspace
My father's license is suspended and he still drives his car. He currently does not have health insurance for my brothers and I, which I believe is against the divorce agreement. My father is also an alcoholic and drinks around me all the time to the point of intoxication. He also drinks while he drives occasionally, and does not wear a seat belt or obey several traffic laws. I don't have visual evidence that he drinks and drives, but my brothers are witnesses to this as well. I probably could get photos of him driving with out a seat belt, speeding, and drunk... but I at this time I do not have anything but the witness of my brothers and I. My mother would be willing to take full custody of me, but my question is Do I have an adequate case for him to lose custody? and if so, how can I go about taking the proper actions in getting a court date so that my mother can get full custody.Changing custody agreement.?You do not have an adequate case but you mother does. She is the one that has to take it to court. In my state, KY, the judge goes by what is in the best interest of the child. You don't need photographs. All you have to do is tell the judge that you think that your father is a danger to you. What you and your brothers say is the proof, you do not need anything else. Also in KY, if the judge thinks that a child in mature enough to decide who they want to live with, the judge will go with the child's wishes. This is generally taken to be age 12. In this state your mother would not have any problem getting custody. I hope this helps. Good LuckChanging custody agreement.?YES PLEASE tell someone your dad is putting you and your brother in danger.
Tell your mom NOW!!!Changing custody agreement.?You need to make sure your mother is aware of all of this. It's her job to take care of this situation, and contact the proper agencies and courts dealing with this sort of thing. If your mother is aware of whats going on and is doing nothing about it, she's just as bad! It sounds to me like your father is putting you and your siblings at risk in harms way. My sister was killed by a drunk driver! Do NOT get in the car with him if he's been drinking! This is really sad. He is neglecting you guys. If your mother doesn't take care of the situation, telll your teacher at school. They will help!Changing custody agreement.?If you were in England or Wales (Scotland has similar laws), you to to the nearest County Court and ask for the forms for a Section 8 Application under the Children Act, which you can then hand in to the court and serve it on both parents. You might need to see a solicitor (the Citizens Advice Bureau might even suggest the best to find one you can afford, such as through Social Services), who can guide you to your legal position as a minor. Another organisation worth getting in touch with is CAFCASS who would then employ a Court Welfare Officer to produce a Report, which then guides the judge into making an Order.
Basically, the younger you are, the more they take the parents' wishes into account. When you get to secondary age, then the court tends to take the children's wishes in preference to the parents' %26quot;in the light of their age and understanding%26quot;. Since you are 15, your wishes should almost certainly be considered paramount.
What you are applying for is residency. You may also consider asking for an Order for reasonable contact with your father, or ask for contact conditional on you not being driven by him. He may be an alcoholic, and not the most capable man in the world, but he is still your father and I am sure he loves you.
Also be prepared for the possibility that this might provide your father the spur he needs to join Alcoholics Anonymous and go into rehab. If he took up the offer of counselling (which often courts recommend before passing judgement) this may well be what they will ask him to do if he wants to keep his children. How would you feel if he made a serious effort to give up drink?
The other possibility you should consider is that is easy for one parent to turn the children against the other. This is called Parental Alienation, and is all too common. Often the methods are very subtle, such as arranging a sleepover on the day of contact with the other parent, and then make a big scene cancelling it, telling the child the other parent is forcing him or her to stop seeing friends and instead have a boring time in the zoo. Another ploy is to keep a child up late the night before handover, so the child is tired and crotchety. There are so many little tricks - these are often discussed at Women's Groups.
If one parent has a problem (and most adults do), then this is sometimes used as a weapon by the other (usually the stronger parent bullying the weaker). It is usually the parent that has lost the most from the divorce who has the problem, since they are emotionally upset and open to being bullied by the parent who came out well from the divorce: I went down with clinical depression, which I never recovered from; some turn to drink (but I never did that).
Sometimes though, it can be the weaker parent that has as much or more to offer a child in terms of love and life experience, and to cut one parent out just because he or she is being bullied is hardly fair. It is something you may well regret doing when you get into middle age and realise just what you have lost, and realise why the world is becoming a less loving and just place than it used to be.Changing custody agreement.?Since your father is in need of help, your mother should go for at least a temporary change to joint LEGAL custody, with supervised visits until he seeks and completes a rehab program. Clear, despite his addiction, he want to see you, so use it encourage him to get help.
Start keeping a daily journal of your contact. This can be used as evidence in court, but you need to cut out a headline from the daily newspaper to paste at the top of the page. Don't exaggerate, just stick with the facts. If you try to expound it will diminish your creditability.
Your goal as a developing adolescent heading for adulthood is to do the right thing and not just what's easy. You do need both parents in your lives, minus the problems. Try to fix the problems, and if that doesn't work, than your mother can retain full custody.
Aside from this, I hope that you and your brother are avoiding situations where friends may pressure you to drink alcoholic beverages. You have an inherent possibility of alcoholism, especially your brother. You have to be strong to avoid repeating the patter.
You should also consider joining Alateen.
http://www.al-anon.alateen.org
How do i get emancipated, or my custody changed, if my step-dad abuses me and i cant afford emancipation?
Okay, my step-dad has beaten me several times, and im sick of it, and now he's just being unreasonable, i cant even access my own money in my bank account anymore because im not 16 yet and i need parental consent to withdraw. I either want to get emancipated, which is really hard and i cant afford it, or get custody changed to my real dad.How do i get emancipated, or my custody changed, if my step-dad abuses me and i cant afford emancipation?just go to the police! tell them everything that has happened if you have bruises or scares show them. get some type of proof or else they wont believe you! if you cant go to the cops tell a teacher or adult. they will help you!How do i get emancipated, or my custody changed, if my step-dad abuses me and i cant afford emancipation?the whole money thing is a requirement, when i looked it up, the state of minnesota says that i need to have a steady job and be able to support myself and pay rent/utilites, but thanks all
(For the serious and practical part of the situation... what about your mom?)
I'm just providing suggestions...and either way it would be really beneficial to talk to someone at your school or to someone about what's going on. Be safe and well. I wish you the best!How do i get emancipated, or my custody changed, if my step-dad abuses me and i cant afford emancipation?It sounds like this has affected you mentally also. The fact that you say %26quot;now she's just being unreasonable,%26quot; struck me as odd. he was unreasonable the SECOND any abuse started to show! You gotta report this to the police. It won't be that hard. Finances are not important...your future and well being is. This is really gonna screw you up if you stay there...tons of access to money...or no money at all. Tell your teachers you feel comfortable with and call the police stations to find out what they need. You also need to call your real father and let him know how your feeling....if he's a better person. If not, you could end up in another abusive persons hands and will have to face making abuse claims all over again...which will most likely not be as credible. Tell the police immediately. The money really doesn't matter.....your situation is really bad for you and your mom.
Report Abuse
How do i get emancipated, or my custody changed, if my step-dad abuses me and i cant afford emancipation?Wow. I'm sorry but shouldn't you be more concerned about the abuse rather than the financial aspects? Talk to your real dad, talk to social services in your county... Maybe another family member can take custody if it can be shown neither of your birth parents can provide a healthy home life... Is there an older family member or sibling who can be your guardian?(For the serious and practical part of the situation... what about your mom?)
I'm just providing suggestions...and either way it would be really beneficial to talk to someone at your school or to someone about what's going on. Be safe and well. I wish you the best!How do i get emancipated, or my custody changed, if my step-dad abuses me and i cant afford emancipation?It sounds like this has affected you mentally also. The fact that you say %26quot;now she's just being unreasonable,%26quot; struck me as odd. he was unreasonable the SECOND any abuse started to show! You gotta report this to the police. It won't be that hard. Finances are not important...your future and well being is. This is really gonna screw you up if you stay there...tons of access to money...or no money at all. Tell your teachers you feel comfortable with and call the police stations to find out what they need. You also need to call your real father and let him know how your feeling....if he's a better person. If not, you could end up in another abusive persons hands and will have to face making abuse claims all over again...which will most likely not be as credible. Tell the police immediately. The money really doesn't matter.....your situation is really bad for you and your mom.
Custody Change Question?
i want to live with my dad my mom has full custody my mom will not give it up my mom lives in nebraska my dad lives in colorado the original custody case was in tennissee. what are the laws in these states and how do i go about fighting thisCustody Change Question?You and your dad need to get a lawyer and he or she will help you work everything out
How can this be? Why do i have to pay for child support on a split custody arrangement?
Hello yahoo. The more and more i find out about how the law works really irritates me. I have a split custody with my x. I have our son and she has our daughter. We have alternative visitation time the weekends. I have been exercising my visitation but my x is not. She doesn't care about our son. She never phone or come visit. Anyway, i found out a few weeks ago that the county is trying to make me pay child support! It appears that my x has not been working for more than 2 years and have been collecting cash aid from the county. Background information about my x. She has always been a loser. She never graduated from high school. Never can keep a job. Still lives with her mom at age 28. And now on cash aid! Since we split up a little more than 2 years she has not been working and just collecting cash aid! You can not blame the economy. She is just darn lazy!. Since she is collecting cash aid, the county wants that back from me!?? I want to take full custody of both our children but the mediator said they can't just change custody without fact that my x is an unfit parent. She is a bad role model for my daughter. What can i do? Just suck it up and pay child support?How can this be? Why do i have to pay for child support on a split custody arrangement?the money is for ur child!!! i can't believe u would resent that! u have a child it costs money! pay up or be a shitty parents. its ur choice!How can this be? Why do i have to pay for child support on a split custody arrangement?Get a lawyer %26amp; ask if you can fight it based on the facts you stated.
Does the county really want you to pay it for the cash aid she is getting?
If so, that sounds strange.How can this be? Why do i have to pay for child support on a split custody arrangement?because your ex is getting aid, the court will attempt to get you pay child support, about the only thing you can do is go after child support for your son. This should cause it to come out even in the case. If not you will have to pay.How can this be? Why do i have to pay for child support on a split custody arrangement?Child support laws are going to vary based on the state. The basic premise of the law is that child support is about the kid, not the mother, and in any divorced couple where the man makes significantly more money the state will exact support out of him. As far as child support goes, the state doesn't care how lazy your wife is, it only cares that you provide for your daughter.
Getting full custody would solve this problem, obviously. You probably need to talk to an attorney if you want to get full custody of your daughter, thought that probably won't be cheap. But because laws vary by state, and details of your situation are likely important, your best bet is consulting with an expert.How can this be? Why do i have to pay for child support on a split custody arrangement?Seek proper legal advice and get a court ordered custody arrangement
Does the county really want you to pay it for the cash aid she is getting?
If so, that sounds strange.How can this be? Why do i have to pay for child support on a split custody arrangement?because your ex is getting aid, the court will attempt to get you pay child support, about the only thing you can do is go after child support for your son. This should cause it to come out even in the case. If not you will have to pay.How can this be? Why do i have to pay for child support on a split custody arrangement?Child support laws are going to vary based on the state. The basic premise of the law is that child support is about the kid, not the mother, and in any divorced couple where the man makes significantly more money the state will exact support out of him. As far as child support goes, the state doesn't care how lazy your wife is, it only cares that you provide for your daughter.
Getting full custody would solve this problem, obviously. You probably need to talk to an attorney if you want to get full custody of your daughter, thought that probably won't be cheap. But because laws vary by state, and details of your situation are likely important, your best bet is consulting with an expert.How can this be? Why do i have to pay for child support on a split custody arrangement?Seek proper legal advice and get a court ordered custody arrangement
How to change support from reserved?
Divorce 2 and half year ago. Child support on divorce decree says reserved. I have 2 children with x spouse. Had 2 additional children after divorce with someone else. Currently making 37000 while he makes 55000+. We both have legal and physical joint custody. My oldest child tells me he doesn't love me and doesn't want to live with me. He's only 6. When I ask y he says that, he acknowledge his father thinks I am a very bad person. Kids spend 4 days with me and 3 days with their father. How do I go about getting child support change from reserved into an actual amount plus changing custody for tarnishing my relationship with my children into a positive relationship. I usually encourage my children to have a good relationship with their father, but this one caught me off guard and I could of said a million things to my child but had to bit my tongue and tell him to go play. how do I enforce their father not to intrude on my days, such as picking up my kids from school on my days.How to change support from reserved?After divorce, many single parents try too hard to compensate for the absence of a spouse. In the process, they neglect their own needs in order to meet their children's needs.
Many custodial single parents -- most of whom are female -- have become ensnared in the %26quot;Single Parent Trap.%26quot; As the distinction between what her kids truly need and what they simply want becomes blurred, a single mother can easily fall into a pattern of overindulgence, stretching her emotional resources to the breaking point.
She gives as much as she can, both emotionally and materially, to children who begin taking this giving for granted -- appreciating it less and less, and becoming increasingly demanding. Eventually, and inevitably, the single mother's ability to go on giving collapses, and she vents her frustration at the kids. Then guilt sets in.
In this ongoing soap opera, the children are victims of circumstance, and Mom must do penance through self-sacrifice. Every time she gets angry at her kids, she ends up feeling like a bad parent. %26quot;If I could only control my temper,%26quot; she thinks, %26quot;everything would be OK.%26quot; But her temper is not the problem. Instead, she must learn to moderate her giving to her kids, and begin getting for herself.
You must establish an identity for yourself separate and apart from the role of parent. You must allow the adult woman in you to separate herself from her role as Mom. Doing so will help you get your needs met, whether they be social, vocational, recreational, or sexual. In short, for your children's sake as well as your own, you must give yourself permission to be selfish. Only then will you have enough %26quot;inventory%26quot; to share freely with your children.
Another part of the single parent trap is entering into competition with the children's father. The single mom sees him having all the fun with the children while she shoulders the day-to-day responsibilities. What's more, she notices that the kids are more excited about visits with Dad than they are about returning home. Again, she overcompensates by trying to make life with Mom easy and wonderful. Free yourself by embracing %26quot;The Single Parent's Bill of Rights%26quot;:How to change support from reserved?Nothing in your post supports altering the custody arrangement therefore, I would advise dropping that issue. Children of this age always take sides and I can assume that when he is with his father (as my children did) he says things that the father thinks you put in the child's name.
As for the reserving child support, you need to file a petition to reopen the issue before the original court. However, based on the share of custody and the low difference in income, you will most likely receive a minimum of support.
If either of you are not abiding by the court ordered custody you can file a motion to show cause for contempt. HOWEVER, make sure you do not have dirty hands. I can tell you from years of experience that if you bring petty issues before the court, YOU will be paying the price.
Many custodial single parents -- most of whom are female -- have become ensnared in the %26quot;Single Parent Trap.%26quot; As the distinction between what her kids truly need and what they simply want becomes blurred, a single mother can easily fall into a pattern of overindulgence, stretching her emotional resources to the breaking point.
She gives as much as she can, both emotionally and materially, to children who begin taking this giving for granted -- appreciating it less and less, and becoming increasingly demanding. Eventually, and inevitably, the single mother's ability to go on giving collapses, and she vents her frustration at the kids. Then guilt sets in.
In this ongoing soap opera, the children are victims of circumstance, and Mom must do penance through self-sacrifice. Every time she gets angry at her kids, she ends up feeling like a bad parent. %26quot;If I could only control my temper,%26quot; she thinks, %26quot;everything would be OK.%26quot; But her temper is not the problem. Instead, she must learn to moderate her giving to her kids, and begin getting for herself.
You must establish an identity for yourself separate and apart from the role of parent. You must allow the adult woman in you to separate herself from her role as Mom. Doing so will help you get your needs met, whether they be social, vocational, recreational, or sexual. In short, for your children's sake as well as your own, you must give yourself permission to be selfish. Only then will you have enough %26quot;inventory%26quot; to share freely with your children.
Another part of the single parent trap is entering into competition with the children's father. The single mom sees him having all the fun with the children while she shoulders the day-to-day responsibilities. What's more, she notices that the kids are more excited about visits with Dad than they are about returning home. Again, she overcompensates by trying to make life with Mom easy and wonderful. Free yourself by embracing %26quot;The Single Parent's Bill of Rights%26quot;:How to change support from reserved?Nothing in your post supports altering the custody arrangement therefore, I would advise dropping that issue. Children of this age always take sides and I can assume that when he is with his father (as my children did) he says things that the father thinks you put in the child's name.
As for the reserving child support, you need to file a petition to reopen the issue before the original court. However, based on the share of custody and the low difference in income, you will most likely receive a minimum of support.
If either of you are not abiding by the court ordered custody you can file a motion to show cause for contempt. HOWEVER, make sure you do not have dirty hands. I can tell you from years of experience that if you bring petty issues before the court, YOU will be paying the price.
How can i prove to the courts that my daughter is in my custody and has been for a while?
i am in the military i changed custody of my daughter to her aunt and things did not work out so i picked my daughter up after a week of the custody change and she has been living with me since. I had a court date to change the custody back to myself.My sister will not cooperate and i live in Kansas she lives in New York. i just got summoned to go to court for child support and my daughter is living with me. How can i get this situation extinguished? I want to know how i can get the courts to know she is not in valid standings to recieve child support from me.How can i prove to the courts that my daughter is in my custody and has been for a while?Winesses, particularly daycare, pre-school, etc., medical records.dog arrange files by name
Custody change from mother to father at sons request.?
My ex %26amp; I have joint custody %26amp; he has been paying me $350 a month. In June, my son approached me to me that he wanted to go %26amp; live with his dad %26amp; got to school there. He assured me that it was nothing that I did or didn't do - just that he wanted to spend more time with his dad %26amp; wanted to go to school there. The problem is that I was under this mistaken assumption that all I would have to do is give up the $350 that he had been paying me. That moeny had been going towards house payment that he left me with along with other expenses involved with our son. Now the ex is stating that I should be paying him. I look at my bills %26amp; right now I am scraping by without the $350 that he had been paying me and I don't see how I could come up with anything significant to pay him. The only thing that seems left for me to do is sell the house - but then how long will that take me with the economy the way that it is-what about the child support that he is expecting me to pay before it sells??Custody change from mother to father at sons request.?Now you know how your ex feels when he screws you for all your moneyCustody change from mother to father at sons request.?not sure about selling the house, but if the son does live with the dad, you will have to pay him child support. no question about that. it will be based on your income, so maybe it would not be 350 per month...Custody change from mother to father at sons request.?you SERIOUSLY need to contact a LAWYER who specializes in FAMILY LAW.
Good luck!Custody change from mother to father at sons request.?Consult your lawyerCustody change from mother to father at sons request.?tell him he can take you to court for child support. you can have the court appoint a lawyer for you or represent yourself. they will base it off your income.Custody change from mother to father at sons request.?you will have to go back to court and the pay that you have to pay will be based on your income ,not what your ex was paying. the judge might only make you pay 25-50 a week but that will be his decission not your exs. make sure to state that it will still be joint custody and the door is open if your son wants to move back. with the spare room could you get a room mate ?Custody change from mother to father at sons request.?You two will still have to go to court tomake this legal if the Judge evens agrees to it otherise you are the custodian parent in the eyes of the law and should something happen. Its just not a matter of turning over the child to dad and reversing support on your own. You need to file for a remodification hearing and then ask the Judge to let your son decide would be the easiest way. Good luckCustody change from mother to father at sons request.?If you son is under the age of 18 (or whatever the age of majority is in the state that you live in) he does not get to choose which parent he should live with. Your son needs to sit down with you and discuss his reasons for wanting to live with his father. Going to school cannot be the only reason. The best living situation is ideal for children so, is his father equipped to provide the means of taking care of your son full time? If so, then you and the father should make this decision-NOT the child. If you are not secure financially then you should work something out with the father to help cover expenses that you are having trouble with. Sit down together and write down ways to help each other. If this is not possible then decide if you son will have a better future continuing to live with you or his father. If you take this to court, it could get ugly especially if your relationship is on bad terms with the father. You should talk it out first if you can. Otherwise, look into getting a GOOD lawyer (expensive)Custody change from mother to father at sons request.?If your ex husband is going to have primary, residential custody of your son then yes indeed YOU have to pay child support. By having primary residential custody your ex husband has to provide EVERYTHING for your son that you did and that all costs money...As far as selling the house I'd check with your lawyer and see what you can do. But you son still needs child support.
Good luck!Custody change from mother to father at sons request.?Consult your lawyerCustody change from mother to father at sons request.?tell him he can take you to court for child support. you can have the court appoint a lawyer for you or represent yourself. they will base it off your income.Custody change from mother to father at sons request.?you will have to go back to court and the pay that you have to pay will be based on your income ,not what your ex was paying. the judge might only make you pay 25-50 a week but that will be his decission not your exs. make sure to state that it will still be joint custody and the door is open if your son wants to move back. with the spare room could you get a room mate ?Custody change from mother to father at sons request.?You two will still have to go to court tomake this legal if the Judge evens agrees to it otherise you are the custodian parent in the eyes of the law and should something happen. Its just not a matter of turning over the child to dad and reversing support on your own. You need to file for a remodification hearing and then ask the Judge to let your son decide would be the easiest way. Good luckCustody change from mother to father at sons request.?If you son is under the age of 18 (or whatever the age of majority is in the state that you live in) he does not get to choose which parent he should live with. Your son needs to sit down with you and discuss his reasons for wanting to live with his father. Going to school cannot be the only reason. The best living situation is ideal for children so, is his father equipped to provide the means of taking care of your son full time? If so, then you and the father should make this decision-NOT the child. If you are not secure financially then you should work something out with the father to help cover expenses that you are having trouble with. Sit down together and write down ways to help each other. If this is not possible then decide if you son will have a better future continuing to live with you or his father. If you take this to court, it could get ugly especially if your relationship is on bad terms with the father. You should talk it out first if you can. Otherwise, look into getting a GOOD lawyer (expensive)Custody change from mother to father at sons request.?If your ex husband is going to have primary, residential custody of your son then yes indeed YOU have to pay child support. By having primary residential custody your ex husband has to provide EVERYTHING for your son that you did and that all costs money...As far as selling the house I'd check with your lawyer and see what you can do. But you son still needs child support.
Child custody?
i really need help my ex husband is suing me he want me to change custody so he can have it. The motive is child support he only pays 129 every 2 weeks i don't get it now i have to write a response our son is 15 and i always was the one who took care of him he just start paying me that amount since 2001 before that he never paid a dime my son just moved in with him he wants to get to know him i had same problems with my son so i told him ok but idindt know get suit from my ex i dont want to let him have all the rights because like i sad my son was always in my care do i loose custody or should i get an attorny i dont have the money to pay for one please help
and how do i respond to that court paper he send meChild custody?I agree with some of the other comments regarding your need to let go. If you felt the father should not have had primary care and possession, you would not have let the boy go.
I wonder what grounds he has to bring the suit. In Texas usually the custodial parent has to have voluntarily relinquished primary care and control of the child to the non custodial parent. Or the child has to be in danger...but anyway.
In your response, you will need to basically disagree with the things your ex is requesting the court do. In other words, it could look like this.
Ex - Is requesting that the court modify the existing order so that he becomes the primary custodial parent.
Your response - request that the court deny the motion to modify the existing order due to the fact that you did not voluntarily relinquish primary care and control of the child to the ex for a period of 6 months or more etc...
Everything he is requesting, you ask the court to keep the order the same that is in place.Child custody?try legal aidChild custody?Mommy... you need to learn to let go. This son is not your procession, he is a human being that needs the upbringing of a man. You bonded with your child as you should have, you had your time with him. You son is not going to forsake you forever. Let the boy have the next 5-6 years with his father. It is the right thing to do. I bet the father will not ask you for child support.
Forget the money. The child did not starve to death. The money would have been gladly given if the father felt comfortable with you.
Sit down with the father and agree to your visitation rights. It is time for you to get a life other than mommy.Child custody?You do need an attorney to represent you in this manner.... Check in your area if there is a legal aid office they charge according to income.
Your son is of the age that he can determine who he wishes to live with so you must take this into consideration and the judge will listen to all of you before he determines what is in the best interest for your son to remain with you or live with his father.
Best of LuckChild custody?pl seek legal guidance.what ever you do should legally right so you need an attornyChild custody?Law facilitators can help and they are usually located in the courthouse.Child custody?I'm sorry you're going through this............. but........... if your ex has custody, care, and control of your son more than you do... than he deserves to have it legal. And............ he deserves to not have to pay support when he is taking care of your son the majority of the time.
You mentioned that he wasn't paying before. Here's what you do.... dig up your old orders that show that your ex was SUPPOSED to be paying support. If you can prove that he hasn't been keeping up his payments, than you are owed that back amount. However, if you are talking about going forward and not having your son live with you... and you STILL expect a support payment............... how is that fair?
and how do i respond to that court paper he send meChild custody?I agree with some of the other comments regarding your need to let go. If you felt the father should not have had primary care and possession, you would not have let the boy go.
I wonder what grounds he has to bring the suit. In Texas usually the custodial parent has to have voluntarily relinquished primary care and control of the child to the non custodial parent. Or the child has to be in danger...but anyway.
In your response, you will need to basically disagree with the things your ex is requesting the court do. In other words, it could look like this.
Ex - Is requesting that the court modify the existing order so that he becomes the primary custodial parent.
Your response - request that the court deny the motion to modify the existing order due to the fact that you did not voluntarily relinquish primary care and control of the child to the ex for a period of 6 months or more etc...
Everything he is requesting, you ask the court to keep the order the same that is in place.Child custody?try legal aidChild custody?Mommy... you need to learn to let go. This son is not your procession, he is a human being that needs the upbringing of a man. You bonded with your child as you should have, you had your time with him. You son is not going to forsake you forever. Let the boy have the next 5-6 years with his father. It is the right thing to do. I bet the father will not ask you for child support.
Forget the money. The child did not starve to death. The money would have been gladly given if the father felt comfortable with you.
Sit down with the father and agree to your visitation rights. It is time for you to get a life other than mommy.Child custody?You do need an attorney to represent you in this manner.... Check in your area if there is a legal aid office they charge according to income.
Your son is of the age that he can determine who he wishes to live with so you must take this into consideration and the judge will listen to all of you before he determines what is in the best interest for your son to remain with you or live with his father.
Best of LuckChild custody?pl seek legal guidance.what ever you do should legally right so you need an attornyChild custody?Law facilitators can help and they are usually located in the courthouse.Child custody?I'm sorry you're going through this............. but........... if your ex has custody, care, and control of your son more than you do... than he deserves to have it legal. And............ he deserves to not have to pay support when he is taking care of your son the majority of the time.
You mentioned that he wasn't paying before. Here's what you do.... dig up your old orders that show that your ex was SUPPOSED to be paying support. If you can prove that he hasn't been keeping up his payments, than you are owed that back amount. However, if you are talking about going forward and not having your son live with you... and you STILL expect a support payment............... how is that fair?
Just curious...Custody Change?
My exwife and I divorced and she left me and our daughter (2y/o). We have joint custody and the child lives with me. The ex-wife pays child support. She had a year of fun and came back into our daughter's life. We have both since re-married and have more children. (5 years have passed and daughter is 8 now) Her mother sees her every other weekend and has been stable in her life. We each have good homes, but I know my daughter desires to be with her mom and live with her mom, and her mom wants our daughter to live with her desperately. What steps do I need to keep joint custody as we have but change where she resides, and how do I cancel child support that her mom pays me currently? We have agreed that we are not going to request child support either way, she has so much owed to me in arrears, so she will pay off what she owes and neither of us will pay eachother any certain amount (although I would plan to help support her w/out going through the state)
What do we need to do to complete this? Do we have to go to courts or can we do this w/out going to court?Just curious...Custody Change?You really need to get the court to sign the order on this. If not, things can get real messed up.Just curious...Custody Change?Make certain that it goes through the courts so that there is recorded documentation, especially since she is in arrears with her payments. The process should be fairly easy, depending on where you live. Call or visit your family court to answer your questions thoroughly.Just curious...Custody Change?You just have to draw up a court order with your changes and have a judge sign it. simple modification in the existing order.Just curious...Custody Change?You need to go through the courts. I think it is wonderful the two of you have decided this. It is wonderful to hear, when all you usually here are about are parents arguing and pulling kids apart at the seams.
What do we need to do to complete this? Do we have to go to courts or can we do this w/out going to court?Just curious...Custody Change?You really need to get the court to sign the order on this. If not, things can get real messed up.Just curious...Custody Change?Make certain that it goes through the courts so that there is recorded documentation, especially since she is in arrears with her payments. The process should be fairly easy, depending on where you live. Call or visit your family court to answer your questions thoroughly.Just curious...Custody Change?You just have to draw up a court order with your changes and have a judge sign it. simple modification in the existing order.Just curious...Custody Change?You need to go through the courts. I think it is wonderful the two of you have decided this. It is wonderful to hear, when all you usually here are about are parents arguing and pulling kids apart at the seams.
Desperate Dad wants custody of 14 year old Daughter!!?
Here is my issue.
I live in Nashville TN and i have a Daughter who lives in florida with my ex spouse.
We have been divorced since 1999, She has sole custody of her. Over the past 3 years my EX has gone through some changes that were not wise. She is now living with a convicted Felon who is a Drug abuser. The House they live in got Raided by Cops and Drugs were found and my Ex's boyfrined is looking at doing some time. My Ex allowed my 14 year old Daughter to get a Tattoo on her Ankle. My Daughter is not assiting school due to mental issues caused by her mom. I called DCS on her and they did investigate but just closed the case and said that my Daughter lives in a unhealthy environment. My Ex and her Boyfriend have friends who do Drugs hang out at the House till wee hours of the Morning and they sleep in all day , leaving all kids in the house to fend for themselves. My Ex contacted me because now my Daughter is sneaking into the Liquor cabinet and Drinking. She is also cutting herself because she feels that she does not want to be there. My Ex has 2 other kids one by the live in boyfriend and another by a second Marriage. Her second Husband and Myself pay Child support through the State and this money is used to support my ex and her Boyfriend since either of them work and are on Welfare. My Ex calls me 3 days ago and tells me that she wants to send my daughter to live with me because i have a stable Hosuehold . I immediatley enrolled her in school and got everything rolling. So now since i got the paper work from the local court in florida where we got divorced so that we can file a petition to change custody to Joint she agreed until the part where it says that i did not have to pay child support anymore. My ex's mom who i had not talked to in 11 years got in touch with me and told me how great this was that i was bringing my Daughter to live with me. She says %26quot; My Daughter is unfit and she should not have any kids living there with her%26quot;. I have been married for 11 years now and have 3 other kids of my current marriage plus pay mortage and all other bills. I cannot afford a Attorney to take her to court. I know i can prove her unfit easily.. I was wondering if i could maybe find a pro bono lawyer. I even got my ex's Mother on my corner..Desperate Dad wants custody of 14 year old Daughter!!?if you can get one the gov't has to get you one but they are just usually like 1st years or whatever
talk t a lawyer, explain the situation, and try to get a payment plan done
I live in Nashville TN and i have a Daughter who lives in florida with my ex spouse.
We have been divorced since 1999, She has sole custody of her. Over the past 3 years my EX has gone through some changes that were not wise. She is now living with a convicted Felon who is a Drug abuser. The House they live in got Raided by Cops and Drugs were found and my Ex's boyfrined is looking at doing some time. My Ex allowed my 14 year old Daughter to get a Tattoo on her Ankle. My Daughter is not assiting school due to mental issues caused by her mom. I called DCS on her and they did investigate but just closed the case and said that my Daughter lives in a unhealthy environment. My Ex and her Boyfriend have friends who do Drugs hang out at the House till wee hours of the Morning and they sleep in all day , leaving all kids in the house to fend for themselves. My Ex contacted me because now my Daughter is sneaking into the Liquor cabinet and Drinking. She is also cutting herself because she feels that she does not want to be there. My Ex has 2 other kids one by the live in boyfriend and another by a second Marriage. Her second Husband and Myself pay Child support through the State and this money is used to support my ex and her Boyfriend since either of them work and are on Welfare. My Ex calls me 3 days ago and tells me that she wants to send my daughter to live with me because i have a stable Hosuehold . I immediatley enrolled her in school and got everything rolling. So now since i got the paper work from the local court in florida where we got divorced so that we can file a petition to change custody to Joint she agreed until the part where it says that i did not have to pay child support anymore. My ex's mom who i had not talked to in 11 years got in touch with me and told me how great this was that i was bringing my Daughter to live with me. She says %26quot; My Daughter is unfit and she should not have any kids living there with her%26quot;. I have been married for 11 years now and have 3 other kids of my current marriage plus pay mortage and all other bills. I cannot afford a Attorney to take her to court. I know i can prove her unfit easily.. I was wondering if i could maybe find a pro bono lawyer. I even got my ex's Mother on my corner..Desperate Dad wants custody of 14 year old Daughter!!?if you can get one the gov't has to get you one but they are just usually like 1st years or whatever
talk t a lawyer, explain the situation, and try to get a payment plan done
How would filing for sole custody change the current situation?
I have primary physical custody and joint legal custody of my son.
If I were to receive sole custody of my son, what exactly would change from the current custody agreement?
Basically, what's the difference between sole custody and primary physical/joint legal?
I already have a court order saying that I'm completely in charge over visitations.
What's the difference in Joint Legal custody and sole custody?
Sorry for a double post - I posted this in law %26amp; ethics too.How would filing for sole custody change the current situation?Sole custody you don't have to ask the other parent about anything regarding the child such as taking them to the doctor or changing schools,things like that and with joint custody you have to concur(act together) with the other parent in regards to the child.How would filing for sole custody change the current situation?Go Johnny go, go! Johnny be goodHow would filing for sole custody change the current situation?so you have sole physical custody and joint legal custody......
the only thing that would change filing for sole legal custody is that you would be responsible for all legal decisions regarding your child...its very difficult to have sole legal custody and sole physical custody...as to the fact the court does want the other parent involved in some way as well.....unless of course the other parnte is unfit then it be best to go to you....if you make most of the legal dicsions regarding your child alone anyway then not much would change....How would filing for sole custody change the current situation?Right now Johnny's Daddy has the right to make legal, medical, and other decisions on Johnny's behalf. With you having sole Legal custody he does not have that right.How would filing for sole custody change the current situation?Joint custody means that mom OR dad can sign papers, make decisions...He can still make legal decisions for your child, including trust funds or college savings accounts.
Sole custody means you run the show exclusively.
TX Momadvice make decison gray hair
If I were to receive sole custody of my son, what exactly would change from the current custody agreement?
Basically, what's the difference between sole custody and primary physical/joint legal?
I already have a court order saying that I'm completely in charge over visitations.
What's the difference in Joint Legal custody and sole custody?
Sorry for a double post - I posted this in law %26amp; ethics too.How would filing for sole custody change the current situation?Sole custody you don't have to ask the other parent about anything regarding the child such as taking them to the doctor or changing schools,things like that and with joint custody you have to concur(act together) with the other parent in regards to the child.How would filing for sole custody change the current situation?Go Johnny go, go! Johnny be goodHow would filing for sole custody change the current situation?so you have sole physical custody and joint legal custody......
the only thing that would change filing for sole legal custody is that you would be responsible for all legal decisions regarding your child...its very difficult to have sole legal custody and sole physical custody...as to the fact the court does want the other parent involved in some way as well.....unless of course the other parnte is unfit then it be best to go to you....if you make most of the legal dicsions regarding your child alone anyway then not much would change....How would filing for sole custody change the current situation?Right now Johnny's Daddy has the right to make legal, medical, and other decisions on Johnny's behalf. With you having sole Legal custody he does not have that right.How would filing for sole custody change the current situation?Joint custody means that mom OR dad can sign papers, make decisions...He can still make legal decisions for your child, including trust funds or college savings accounts.
Sole custody means you run the show exclusively.
TX Mom
California, how to petition court for change of custody?
I have had joint custody (legal/physical) with my ONLY child's father since my son was 1 1/2. (Father served 6 months in jail for domestic violence and child abuse when baby was one, he threw me to the floor with baby in my arms and then pulled the phone jack out of the wall, cutting baby's leg) while he was drunk and high on cocaine. (Yeah, I knew how to pick 'em)......at the time, I wanted sole physical/legal custody but the %26quot;family mediator%26quot; strong armed me into joint custody saying it was %26quot;best for the child%26quot;.
Anyway, moving forward, baby is now 4 1/2, and I am happily remarried. CPS called me 2 days ago to tell me dad flunked a pee test for cocaine and that the judge wanted a safety plan put in place, where dad could call me and ask me to keep my son on %26quot;his weekend%26quot; if he'd been using. I said NO PROBLEM, I NEVER have a problem with keeping my son!! So, they came to interview my son yesterday, and all seemed well, His father picked him up for a scheduled visit last night and was acting very erratically, like he did when he was using when we were together. I asked mutliple times if he was OK to take our son, and he insisted that I had %26quot;pushed his buttons%26quot; by not answering my cell phone because I left it in the car. To make a long story short, he took my son, called me 8 times, and then returned him to me, all within 45 minutes. (I did not answer 6 of the calls because he was not making sense and I was on the phone with the cops).
He was arrested in front of my house for DUI, child endangerment, probation violations, and driving on a suspended license. This guy has a gift of getting out of what would seem a %26quot;reasonable%26quot; sentence so I don't suspect he will serve more than 90 days for all that.
I don't have a lot of time (before he gets off probation hold and makes bail somehow) , and I don't have a lot of money, but I want to try to petition the court to change the custody arrangement to give me FULL legal and physical custody until he has a license, and is off coke (my efforts prior to this have drawn a blank stare and a %26quot;Golly, Gee, Ma'am, what if the poor schmuck is an addict? He has the right to kill his kid%26quot; attitude........ )
Without spending $10K that I don't have to spend, how do I get custody changed based on the fact that he is a habitual offender? This is his 4th (I think) DUI in 10 years (although one was out of state and he was extradited to face charges), and 2nd child-endangerment/abuse charge (with the same child who is now 4). The man has NEVER to my knowledge had a valid driver's license and the court just turns it's head..............
I don't want him to get out of jail with joint custody so that he can drive drunk or on coke again WITH MY SON IN THE CAR and get my son killed. But no one wants to seem to want to tell me how to petition the court without whipping out the green that I don't have. Any benevolent attorneys out there that can walk me through the process? Keep in mind this is California, and in San Benito County.
I appreciate any and all info.California, how to petition court for change of custody?Yours is a very complicated case, to much so to handle yourself, all attorney's are required to perform X number of hours of community service, contact all of the attorney's in your area that handle family law and you will find one who needs to satisfy their required pro bono service and they will handle it for you, another solution would be to contact the sheriff's department for your area and speak with the victims advocate, they can assist you in applying for a no contact order until his latest charges are adjudicated and they would also be able to direct you to some legal assistance for your petition.~
Anyway, moving forward, baby is now 4 1/2, and I am happily remarried. CPS called me 2 days ago to tell me dad flunked a pee test for cocaine and that the judge wanted a safety plan put in place, where dad could call me and ask me to keep my son on %26quot;his weekend%26quot; if he'd been using. I said NO PROBLEM, I NEVER have a problem with keeping my son!! So, they came to interview my son yesterday, and all seemed well, His father picked him up for a scheduled visit last night and was acting very erratically, like he did when he was using when we were together. I asked mutliple times if he was OK to take our son, and he insisted that I had %26quot;pushed his buttons%26quot; by not answering my cell phone because I left it in the car. To make a long story short, he took my son, called me 8 times, and then returned him to me, all within 45 minutes. (I did not answer 6 of the calls because he was not making sense and I was on the phone with the cops).
He was arrested in front of my house for DUI, child endangerment, probation violations, and driving on a suspended license. This guy has a gift of getting out of what would seem a %26quot;reasonable%26quot; sentence so I don't suspect he will serve more than 90 days for all that.
I don't have a lot of time (before he gets off probation hold and makes bail somehow) , and I don't have a lot of money, but I want to try to petition the court to change the custody arrangement to give me FULL legal and physical custody until he has a license, and is off coke (my efforts prior to this have drawn a blank stare and a %26quot;Golly, Gee, Ma'am, what if the poor schmuck is an addict? He has the right to kill his kid%26quot; attitude........ )
Without spending $10K that I don't have to spend, how do I get custody changed based on the fact that he is a habitual offender? This is his 4th (I think) DUI in 10 years (although one was out of state and he was extradited to face charges), and 2nd child-endangerment/abuse charge (with the same child who is now 4). The man has NEVER to my knowledge had a valid driver's license and the court just turns it's head..............
I don't want him to get out of jail with joint custody so that he can drive drunk or on coke again WITH MY SON IN THE CAR and get my son killed. But no one wants to seem to want to tell me how to petition the court without whipping out the green that I don't have. Any benevolent attorneys out there that can walk me through the process? Keep in mind this is California, and in San Benito County.
I appreciate any and all info.California, how to petition court for change of custody?Yours is a very complicated case, to much so to handle yourself, all attorney's are required to perform X number of hours of community service, contact all of the attorney's in your area that handle family law and you will find one who needs to satisfy their required pro bono service and they will handle it for you, another solution would be to contact the sheriff's department for your area and speak with the victims advocate, they can assist you in applying for a no contact order until his latest charges are adjudicated and they would also be able to direct you to some legal assistance for your petition.~
What are the odds of a custody change if I take my X to court?
The mother of my child got custody over 5 years ago of our child. Our child is now 15 years old and has expressed many times over the past 2 years to me of wanting to live in my home. We are both remarried and have had more children with our spouses. My child expresses to me and my wife that her mother yells and swears at her often. I know the mother has a short temper not many patience and is a yeller and we do not communicate well together at all. In the past year there was a hitting incident where CPS was involved but my child had to go back to the mothers home due to the fact if needed he/she is old enough to defend his/herself if needed. There was a safety plan put in effect which was kinda pointless in my opinion, a safety plan would be getting her out of that home. The hitting hasnt happened since but the yelling and swearing continues almost daily. There is a medical report from the incident. She wasnt in any critical condition just some swelling. I want to have custody of my child and my child wants this as well. My home is a safe calm and loving home there is no yelling swearing or belittling in my home. I want to go to court to get custody and change the parenting plan but am afraid that with me having to change jobs in the near future and as much as attorneys cost these days I wont be able to afford a custody fight. My daughter wants to live in my home full time and I (my family as well) wants her to be in our home full time. Neither of us have thousands of $$ to spend on a custody fight but something has to be done. The mother knows I want custody but will not allow it and will put up a fight. I am pretty sure if our child told the mother flat out it would just make her angry and still wouldnt give me custody. The mother is VERY controlling. Has anyone gone through anything like this and what was the outcome. How much did it cost you or how did you go about it. Any attorneys or someone experienced with family law have any suggestions or recomendations for me and my family would be apriciated.What are the odds of a custody change if I take my X to court?At the age of 15, most courts allow the child to choose who they want to live with. If the Mother is willing to fight this however, and has the funds to, your odds of winning without a lawyer are not very good I'm afraid!
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