Archive for November, 2008

i was wondering if the farther of my baby well have too pay child support if we have joint custody?

It depends on the type of custody. There’s two types – physical and legal. Most parents have joint legal custody, this grants them the right to make emergency medical decisions, educational decisions, etc. Physical custody is where the child actually lives. If the physical custody is joint at 50/50 then no one pays child support – they just support the child during their custody time. If one parent has more custody, then the other pays child support, but the amount is varied depending on the custody split. If you have primary (usually around 67%) then the father will likely have alternating weekends and holidays. In this situation, he will pay child support. If the split is 52/48, then he likely won’t have to pay.

You can however ask for certain types of support, such as the father’s job offers better medical insurance so you ask the judge to order the father to pay the child’s medical insurance, and you can ask that tuition to private schools and fees for extra activities (like little league) be split between you.

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any fathers out there who have won custody?

Saturday, November 29th, 2008

i am a fiance of a loving father of two young boys… i am just needing some encouraging stories of fathers who have won custody. my hope is running low, we have so many things but its so hard to get the truth and have them see what we see.

My brother did but that was only because his ex wife was 17 years old and could not properly support and take care of the baby. If the mother can be proved to be unfit then yes. Get a good attorney.

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i told my mom to get custody of my daughter because it was the best thing at that time. Now, i want her back. I’m in school full-time, i live w/ my mom and my daughter plus i just been offered a part-time job in my college. Do i have a good shot of ever getting my kid back?

It depends. How long has your mom had her? Have you had an active roll in her life? If you are not completely self sufficient then I would say the odds are against you. You are still living with your mom and only working part time. Is your mom willing to share her with you once you get on your feet? I congratulate you on going to collage. I was a single mom of 2 and working a full time job and a part time job with no family to help. It is hard, but you can do it. I really don’t think working part time is enough to support your daughter and have a home. Good luck.

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I want to live with my dad, but he’s 300 miles away. But the custody has to be changed in the town i live in, so i have to start the process myself. How?

he does not have to have custody of you for you to live with him. However, if this is not agreeable with your custodian then yes, you will have to have your primary residence changed but you will not be able to accomplish this without an attorney. Contact you local bar association and explain to them what you need and they will hook you up with the proper attorney.

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Hi! I'm just curious, but my friend is planning to come live with me, and her mom is agreeing to it. But in order for her to go to school, my parents have to take some form of custody over her. How much would this cost? Just Curious. Please answer if you know :D

When we did it, we didn't use a lawyer, which saved a lot of money. We researched the law library, and did the necessary paperwork ourselves, it was an ex-parte custody. Including the guardian ad litum fee, we spent about $500, and it took 18 months to complete.

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I’m a 17 year old high school senior. I live with my father. My mother owed back child support, but she is paying it back now at a rate of $500 per month. Although my father looks better on paper, he lives well beyond his means and is often unable to pay his bills on time. I want to live with my mother. She would not be asking for child support and would continue to pay back what she owes at the same rate. Also, I am extremely unhappy living with my father and would completely back up my mother’s case. What are the chances that she could be awarded custody of me?

If your mom is mentally and financially stable there really is no reason a judge won’t award her custody of you. You are 17 so you will be able to have a say in where you want to live. Your chances are very high!
Also if she takes your dad back to court they may even change the child support issue since your dad will have to pay it to your mom when you move in w/ her.

child support and joint custody?

Wednesday, November 26th, 2008

i just broke up with my bf and have a 1 yr old lil girl. as far as i know, joint custody is where we hav her half the time each. if that's correct, does he pay child support. i was told by a friend that in joint custody cases he wouldn't have to pay child support. how does that work?

You (or he) will have to prove paternity for him to have any custody rights, but you will also have to prove paternity for him to be required to pay any child support.

Joint custody can mean you each have 50% of the time with your child, but not necessarily always. It depends on what arrangement the court determines (or you agree) what would be in the best interests of the child.

Support is based on a complex calculation involving your percentage of custody time, your income and your deductible expenses (at least in California, other states may differ). Assuming you do split custody 50/50, then he would be likely to pay you child support if his income is substantially higher than yours, or vice versa.

I was talking to a friend who lives in another state and she said that custody/child support/divorce hearings are closed where she lives, and she asked if that’s the case in Texas. I think in Texas they’re open, but I want to be sure before I give her an answer.

Even if they are “open” judges usually can sense if they are going to be nasty and leave them for the last hearing. Most are open cause it is cheaper for the justice system.

Thank you. We put in where the child will be most, who he will visit with and attached a copy of the work schedule. Then we also stated who will watch child, where and how his holidays should be spent.

Who the child will live with (what they would say their address is), whether or not parents share legal custody (that means do both parents have the right to make decisions re: religon, health, education and can both parents call school/doctors etc. etc.).
The holidays is a good one because people don’t think about it a lot until it becomes a problem. Write down the visitation schedule if there is one but if not then you can put something like “Parents will coordinate visitation schedule on a weekly basis”

i am a fiance of a loving father of two young boys… i am just needing some encouraging stories of fathers who have won custody. my hope is running low, we have so many things but its so hard to get the truth and have them see what we see.

I am not a Father but my stepson was awarded custody of his two daughters when they were 3 and 5. Their Mother was a drug addict, she didn’t physically abuse the girls but she often neglected them. We went to court about 6 times before the judge finally gave sole custody (she had limited supervised visits for a while until she blew that) to the Dad.
Good luck…my thoughts and prayers go with you!