Wednesday, September 14, 2011

How can I change my custody agreement?

My divorce has only been final about three months and my ex husband is already about to get married again. We have joint custody of our 3 year old daughter but he has physical custody, meaning she lives with him and I get visitation. My ex thinks he's the only parent because I haven't been able to pay child support but he knows I'm not working right now. He feels like he's being generous because he %26quot;allows%26quot; me to spend more time with my own child than what the court order says I get. He acts like I need to tell him every time I make plans for my child and ask his permission if I want to spend time with her during the week. Now he's about to marry some woman I know nothing about, move her and her kid in with them, and start co-parenting my child. Our custody agreement says we can't leave our child in the care of anyone we've been sexually involved with so can I take him back to court and have it changed so she lives with me and he gets visitation?How can I change my custody agreement?First of all- Child Support (or lack of child support) is a completely separate issue from custody. They are handles separately by the court, and your not being able to pay should NOT affect you being able to see your little girl.



As for changing the custody...honestly, if you are determined enough to get it, hire a lawyer. I have a feeling it may be hard. No offense (seriously, none at all) but it's very unusual for a mother to lose custody of her daughter unless she is truly unfit (I am NOT accusing you of this, just stating a fact). This makes me think it may be much harder for you to get custody for something like this, because there must have been drastic circumstances for you to lose it in the first place.



I wish you luck though- I truly ache for you, it must be very hard not to be with your daughter.How can I change my custody agreement?Pay up or shut up. You gotta prove yourself capable of taking care of the child by first being able to take care of yourself.

Pay you child support and stop being jealous of his new relationship

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.

Friday, June 3, 2011

How often can a father get full custody of his child...?

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.

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.
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  • 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

    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.

    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.