Parent Custody Blog

Helping keep you informed on Parent Custody issues….

I am a father of three boys.  I have one of them living with me as his mother had some “issues”.  I am the one with parent custody (placement is the actual correct term here). The other two are living with their mom and I haven’t seen them in about a year and a half due to her new husband and father in law both being lawyers and some mistakes in dealing with her on my part.  So obviously in this case she is the one who has parent custody.

 

One of the problems that I have seen in this system, which has worked both for and against me, is that unless you can afford a lawyer, your rights usually are not enforced.  This is something that can be good and bad, but will rarely take into account what is best for the child or children.  If both parties are reasonable, they can usually work things out, even if neither is entirely comfortable with the end result.  This is usually when both parents are looking out for the child as opposed to their own self-interests. 

 

The flip side of this is that one or both parties are not reasonable.  This is far more common, and will usually end with either the person who is able to best afford the lawyer getting their way, assuming it’s not totally outrageous, or an ongoing legal battle in which the children become pawns.  Neither of these options are good for the kids more often than not. 

 

People need to learn to drop their agendas, their personal hurts, their own selfish wants and whatever bad feelings are left over for the sake of their kids.  This in and of itself would solve a lot of issues when it comes to the parent custody issue.  Think about it, and then think of your kids.  It can make all the difference in the world.

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I grew up living with my grandma, then my aunt gained temporary custody, eventually she became my legal guardian. she tells me that im not a foster child but she wont tell me what i am. i have to be considered as something.

You are her adopted child. A foster child is one who is a ward of the state and has no legal guardian.

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If you are in the Dominican Republic, take contact with El Tribunal de Menores (there is one in every town) and they will help you with the info you need (and paper works) Probably they will advise you to take a lawyer. But first always ask for the fee of the lawyer and a estimate of the expenses he will have, to avoid surprises…
Good luck!

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I need legal help

♥♥♥♥♥♥♥
I’ve been a Father’s 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.

Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.

Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House.

If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital.

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’re 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,

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. Upon joining, you will receive a link for downloading a 200 page educational manual, portions of which was written by an AZ attorney, that can teach you what you need to know. Take the time to learn what you can and should do.

Bird Nest Custody
http://groups.yahoo.com/group/GiveKidsAChoice/

Can We Tape
http://www.rcfp.org/taping/

Dads House
http://health.groups.yahoo.com/group/DadsHouse/

Fathers & Families
http://www.fathersandfamilies.org/

Fathers Rights: The Movie
http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259

Parental Alienation Syndrome
http://www.parentalalienation.org/

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joint custody/ child support?

Posted by admin on Jun-30-2009

if me and my babys daddy have joint custody will he still have to pay child support? (we were not married)

He can be ordered to pay child support even when he has SOLE custody, as happens in 10% of the cases.

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I was with a guy on and off for 4 years, I was really young like 17 and finally got the guts to leave. He was really abusive and controlling, well in that time we had 2 children. He hasnt been there since the breakup over 3 1/2 years ago 4 in August. I had to get a restraining order on him because it got so bad. He even attacked my mom. I know it was stupid to get involved but i cant go back in time. Well we have gone to court twice and both times after the judge ordered him to do something he left, and then tried to pop back in. Well its been 2 years since he has called or seen my kids and never once paid any child support( fine with me, dont want his dirty money) he just vanished well now he tracked me down saying he wants the kids and that if I dont let him see them he will violate the restraining order and see them anyway or wait til the restraining order is up and then see them. I have created a very healthy lifestyle for my kids, with no drugs alcohol or violence. I am so afriad of what might happen, I have never been the type of female to pull a child away from the dad but he just wouldnt get right. He told my son at 5 that its ok to get drunk and smoke pot and be a gang member. I prayed he would change but it did not happen….Well to everyone out there please help and please no haters if you knew the full length story you might understand better. I only want whats better for children??????

Whats best for the kids is to keep them away from the creep. If he violates the RO, call the cops. When the RO is set to expire, get a new one. Call your FSD and let them work on the support. Maybe you don’t want the dirty money, but the kids deserve it for their future. Family Support Divisoins are like Pit Bulls. Turn them loose and make the creeps life miserable!

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My ex husband and I shared custody of our children, I had full custody but allowed him to see them everyday. He passed away in an accident recently so I am going to see a Lawyer to get a consultation on what forms I need to designate custody to someone in case I pass away.

I would like to grant my fiance custody of my children in the case I pass away, he has been with me (and them) for three years and they have a great relationship. I hope that I get married and have more children before my time comes. However with the tragic passing of their father I realize you can’t take time for granted.

So… what forms would I need to do this? A will, trust, poa, all of the above?? I want it to be crystal clear that no matter what he will get custody. I am afraid my ex-husbands family will try to fight him which is I need the most effective documents.

Also will he have to adopt my children if I passed away since they are not technically his children??

Thank you for any advice or suggestions.

Kind Regards.

He will need to adopt your children since there is no father he can adopt your children but they are still yours it just says that he if is like the legal father and you are the legal mother because if my dad and my mom would pass away my brother and I would go to someone in the family not our step-dad. Just talk to your lawer and he will explain it all to you. Make sure your kids are ok with him being their legal father and if anything happens to you that he is their legal guardian. You also need to get married to him before any of this takes place. If I were you you should wait a few months before you talk to your kids about him becoming their legal guardian like you because so soon after their father’s death would be too hard on them.

I hope that this helps!
I feel for you and your kids!

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My wife and I are separated and she has full custody of our son, and I have visitation every other weekend. I want to know if she is able to move out of state with our child without my permission or by going through the courts. We both live in Virginia, hampton roads area.

It is extremely difficult for her to move without consent. She must file an order with the court requesting permission to move out of state. The reason for this is because you have visitation. Moving out of state would interfere with your visitation. Even going through the courts, it would be hard. But hopefully the two of you can come up with a compromise that will benefit the two of you for the sake of the kids. Best of luck to you.

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