Friday, June 3, 2011

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.

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?

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.

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 Mom
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  • 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.~

    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!

    My husband wants to file a motion for change of custody how would he go about doing this ?

    ok well my husband has a 7 yr old son that wants to come live with us and his mother agrees but she wants set written visitaion and she lives out of state soooo ..... how do we fill out the motion to do this without a lawyer??? Also how does he make the child support stop once he gets custody of the little boy???My husband wants to file a motion for change of custody how would he go about doing this ?I don't have the exact forms required by the Kansas statutes but your husband can get them by going to the local county courthouse and informing the clerk that he needs the forms package which will allow him to file a JOINT Motion to Modify custody, support and visitation.



    When he gets the forms, and depending on where you live, there are options to help him fill them out. If you live near Lawrence, Emporia or Manhattan, you can ask the local law school if they have third-year students that help in completing the forms.



    If not, legal aid http://www.kansaslegalservices.org/Home/ can also help in filling out the forms only.



    The important thing in this matter is that it is filed as a joint motion since both parents agree. And the motion must be filed in Kansas since that is where jurisdiction is based.



    You will also need a proof of service form and filing fees and costs of service. Kansas allows service by registered mail (check with the court clerk) so the cost for service will be minimal. HOWEVER, just because she is agreeable doesn't mean you can forego this step.



    Once she signs the motion and all other forms and returns them, you can file them with the court and ask for an expedited hearing on the matter.



    The child may NOT come to live with you until the judge issues the new orders.



    Basically, you are starting over except instead of making a new order, the judge (court) will most likely keep the same provisions and exchange the names.



    You will also be required to provide a parenting plan. This is where you negotiate the visitation, what days and hours, vacations, holidays and who is to pay for the transportation.



    And one final issue. Kansas will not allow you to forego child support. So use the calculator located here: http://www.alllaw.com/calculators/Childs to determine what the amount will most likely be.



    You can try to agree on a lesser amount but the final decision is up to the court.



    And one final note: REMEMBER, she may change her mind and the child is too young to have a voice. So it's not guaranteed. Tell him to keep this in mind during negotiations.



    FOR THOSE WHO ALREADY POSTED:



    Additional facts are:



    The couple was divorced in Kansas.



    The mother and child live in Colorado.



    The original order was issued in Kansas.



    Therefore, Kansas retains home state jurisdiction over the matter.



    ACUTALLY MIKE:



    The advice above yours was not completely correct. It doesn't matter where the couple lived. What matters is where the original order was issued. That is were home-state jurisdiction remains unless and until a court of competent jurisdiction cedes jurisdiciton to another state or another state, by virtue of residency and no significant connection to the originating state by either parent, accepts jurisdiction.My husband wants to file a motion for change of custody how would he go about doing this ?Please remove the last part of your comment after the rating. It's really unnecessary.

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    My husband wants to file a motion for change of custody how would he go about doing this ?I can see you are frustrated Melissa but the advice above is correct.My husband wants to file a motion for change of custody how would he go about doing this ?Part of this would depend on the original divorce writ as far as nullifying the original orders. To avoid going through the attorneys the former couple would have to go to family court in the state where they were living when married, but since this would cross jurisdictional boundaries it would be better to go through the attorneys because they aren't bound by jurisdiction. Usually when one parent lives in a different state than the other there are arrangements made for visitation in the state of the person who has primary custody.