Archive for August, 2008

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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Joint custody and child support?

Sunday, August 31st, 2008

Hi,
I have been divorced over a year. My ex and I have joint physical and legal custody of our 2 children. At time of court hearings, the judge wouldn't sign the divorce agreement because there was no child support. We both had agreed we didn't need it. Anyways, the judge made us and we decided on $150/wk. Judge was very reluctant to ok it because my ex-husband makes 3x more than I do.
Things have been extremely tough for me trying to keep up with bills, home, etc. And my ex just bought a boat, takes the kids on carribean trips, etc. Is there anyway I can go back to court for them to re-look at the child support and try to get a little more? Im not looking to put him in the poor house either….
For Cassius- bills as in kids dental bills,doctor visits, prescriptions. Not one penny is EVER used on myself or any of my own personal bills

First, try to settle it among yourselves. If you and your ex can renegotiate an amount, you can sign a document in front of a notary that will stand up in any court, or have an attorney draw up an ammendment and get that notorized.

If that does not work, then yes, you can petition the court for a re-evaluation of child support. You do not need an attorney to do this, the clerk of courts can provide you with the forms. Alternatively you can ask the local legal aid society to help you out. Make sure you have a solid number in mind, that it is reasonable, and add a provision for the amount to be increased by the cost of living index increase every year, This will help you with increased expenses.

It sounds like you and your ex are amicable regarding this matter, it is far better in the eyes of the court if you can work it out, but do not hesitate to ask for releif from the courts if you cannot reach an agreement.

GOOD LUCK!

and please explain why you are for or against.

ye they should i dont see why not, they should get social workers to choose who is the most capable parent, it should not be based on mother or father. that is lazy and sexist, and even tho im a woman i think it is completely ridiculous that women would give out yards when theres sexism towards them (however i am against it) and men are stuck with nothing they can do.

child custody, mother v. father…?

Sunday, August 31st, 2008

which standard do you think is better Maternal deferance standard or best interest of child standard?

Maternal Deference- judges should render child custody to women over men because mothers have deep emotional ties formed during pregnancy, infancy, and when child is very young. The mother is emotionally closer to the child,

best interest of child- one who better fit to raise the child. financially, religiously, would give the child a better life.

It is all a matter of opinion and perspective. Her opinion is the same as his only towards her point of view. That is why the judge and child services tries to remain neutral when determining custody.

Money and stuff is a poor substitute for love.

Child custody?

Sunday, August 31st, 2008

Me and me EX have a child. Now she moved to FLorida, with my son if i wanna file for custody where do i do it (i m from NY) in NY or in FL?
And do i have a right for custody even though we were never married?
Dont tell me to hire a lawyer cause if i had one i would be asking u .
thankx

You were never married. You have never had any commitment to her or "your" child? Leave her the —- alone. You sound like you're into abuse and control. Funny, don't see a word about loving or missing your son! Just your "right for custody." Speaks volumes, my friend.

I have a cousin whose son was removed from her custody when he was 1 day old because she tested positive for Meth. He was in a foster care home for a month and then our Aunt was given temporary custody while my cousin attended drug rehab, etc. My cousin completed the rehab program and was doing quite well for a while. She even got a job for a short period. But when the baby's father went to jail she seemed to lose interest in getting the baby back. She was fired from her job for not showing up. She had a dirty drug test and has cancelled numerous visitation appointments because she said she was ill. At the last custody hearing the judge opted not to change anything as far as custody for the next 6 months. The baby is now 14 months old and has been with my Aunt for a year. I hear that the goal of the courts in Ca is to reunite the mother and baby. My cousin gave up her rights to 2 other children but seems to want this one because the baby's father does. Do you think she'll get custody?

chances are kinda bad… for one thing it seem your aunt has 1. no self control 2. repeated mistakes 3. Only want the baby since the father wants it in my opinion it wont happen even though it is true they dont want to care for a kid anymore than the next guy they wont hand over a kid to some deluded parents -_- one taht went to jail and one that toke drugs unless you show them some self restraint on their own part on STOP TAKING DRUGS ONCE AND FOR ALL from what i heard that is most likely not to happen =(

I used to live in Michigan and our divorce was final there. I have since moved to texas and filed for child support on my exhusband. he filed a counter suite for custody which was denied. SO now that custody remains here with me and we have been in Texas for close to three years I would like to transfer juristiction over any further disputes here. I can not afford to pay my lawyer another penny is ther any way I can do this myself?

You don't necessarily need to do anything right now.

If your ex takes any action against you (in which case you'll need a lawyer again anyway) your lawyer can make a motion to change the venue to your state. You will likely win on this point because of the child's long residence in that jurisdiction and because of the inconvenience of defending the charge elsewhere.

If you have to take any legal action against your ex, then you can simply file it in the court that is closest to you. He might try to change the venue, but again, your position on that point is relatively strong.

We have been for a little over 1 yr and have been together 7mos. I have 4 kids from 1 previous relationship and he has 3 kids from 3 previous relationships. Since we have been together his 1st childs mother would not let him see his child at all. He was seeing his 2nd child on a regular basis but when the mother found out about me she would limit the time he could see her or not let him see her all together. The 3rd child was just born 1 month ago and is filing for full custody. In the last 4 mos. I have been helping him fight to establish custody/visitation through the courts to eliminate the probs he has had with his childrens mothers. I was just wondering how to be helpful without hurting his chances in court.
He is not trying to take any of the kids away from the mothers he just wants to have them in his life.
I was with my kids father for 10 yrs and had to leave him due to his lack of responsibility towards me and his kids.
The mother of the 3rd child is filing for full custody he wants joint.

The best thing you can do is stay out of it. Just be supportive and if he needs your help then help but I would be really wary of getting involved. He doesn't have a real good track record now does he. Was he cheating on you when you started seeing each other or was he cheating on number three?????
Anyhow I would let him sort it out and if you want to be around well just be there when he needs you.

Child Custody case, Fathers Rights?

Sunday, August 31st, 2008

Am wondering if there is anyone that may have information regarding requesting another Guardian Ad Litem in a custody case. Are there any sites that I may research to find out if I can make this request? Or what I need to do? Living in North Central Wisconsin. I am the father of two children. Thank you for any help you can offer.

I am living in Central Wisconsin also, the best bet would to Google this information, since few people on this site have few answers for you. This is where i get the best of information is Googling it.

You could always call child support and they can refer you to someone else who can help you.

Best of luck to you