Parent Custody Blog

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Archive for April, 2009

What forms do we need to get custody?

Posted by admin on Apr-30-2009

My step-son lives with his mother and my husband pays child support but they never set up a parenting plan. He wants to get custody of him because his mother doesn't take care of him like she should and is living in a travel trailer with 3 adults and 2 kids. CPS has already been called (for numerous reasons) he just needs to know what court forms to file (Washington state) in order to get custody of him. Hiring a lawyer is out of the question since we are trying to move and don't have that kind of money.

Most family courts have "pro se packages" (pro se meaning you are representing yourself) that you can pick up from the clerk's office. They will give you instructions, but not legal advice.

Go to the clerk's office and tell them what you want to do, and they will probably be able to give you the necessary paperwork.

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Need to establish custody of 9 month old son due to his father and I no longer together. We are not married

well the honor system doesnt work, thats for sure. thats why the states and federal governent passed such strong child support laws. they are tired of parents who dont pay for their kids.

married or not, both parents have to pitch in for raising their child. Hes NOT gonna like it. he's gonna boo hoo about his rights, when that childs rights comes before ALL of our rights, period.

heres the link to your state child support office. call them and ask how you begin the process (its easy, and they walk you through it).

http://www.dss.state.la.us/departments/ofs/Support_Enforcement_Services.html

if the link doesnt work for you just go to www.la.gov and put 'child support' into the blank search box. it'll find it for you.

the application you need is RIGHT THERE (just scroll down and find it). when you download it, and fill it out, follow the instructions and send it out, submit them.

here are some links for you. one is a child support calculator; just click on your state and fill it in. this will give you a general idea as to what the child support will be. other links here are in case you have other questions (child support, visitation, custody), etc.; just click on your state and find the section you need. the last few are to help you (sometimes the redcross has cheap cars, the salvation army helps with everything).

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm

http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html

http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcecentral.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://family.findlaw.com/
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/articles/news.html
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://family.findlaw.com/child-support/support-basics/
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/

http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html

http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html

http://www.supportkids.com/

http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html

http://www.supportcollectors.com/faq.php

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

http://www.petitionspot.com/petitions/collectchildsupport

http://www.aclu.org/womensrights/violence/23929res20060125.html
http://www.womenslaw.org/
http://www.nwlc.org/
http://www.womenslawproject.org/
http://www.nwwlc.org/
http://www.women-law.org/
http://www.hg.org/women.html
http://www.law.com/jsp/nj/specials.jsp?p=contact
http://law-library.rutgers.edu/ilg/njlaw.php
http://www.aclu.org/womensrights/index.html

http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/
http://www.salvationarmyusa.org/usn/www_usn.nsf
http://www.redcross.org/where/chapts.asp

The laws are tough today. After you have the child support order, and he/she doesn’t pay…

1) contact your child support caseworker ask for an enforcement hearing or warrant to be issued
2) if you collect welfare or assistance of any kind, HE or SHE is responsible to repay it.
3) if the CS dept isnt working, contact the regional federal office (links below), that should put some heat on the case. Never a phone call, always WRITE them, better yet, fax the director. Give your contact info, case number and tell briefly what the problem is, and ask what they can do about it. heat is a good thing.
4) In some states it’s the Attorney General who you would write also, for they handle deadbeats.
5) if he/she is working under the table (which many do), you can have his/her property attached, and in some cases, forced to sell it.
6) if he/she is hiding it (putting things in others names [like their mommy for instance]), there are laws against it.
7) today, it is now a federal offense to run across state lines to avoid child support.
8) the states today take the deadbeats license away; suspend it.
9) the states today have tax refund intercept; state and federal on any refunds the deadbeat gets is taken, and funds sent to her.
10) States today also attach the wages (thus the working under the table trick). If you find where they are working, contact the cs caseworker and report it. also report it to the IRS if its under the table.
11) Today, child support arrears are reported on the deadbeats credit report (when it hits a certain amount). Call the caseworker and ask if it has been submitted to the credit reporting agencies yet.
12) Most states have a automatic cost of living raise in child support every 2 or 3 years.
13) Post his/her pic online at deadbeat sites; some states already do this, some do not. but you can submit to a couple I’ve listed below

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I have my daughter living with us, her mother and I were never married and my daughter is afraid of her mother coming to take her. We dont not know how to find her and dont know how to serve her so we can get Custody of my 10 year old.

Contact a lawyer and file child abandonment charges . When a parent abandons their child and has not been seen or heard from for some time , amount of time depends on where you live, they loose their parental rights .
Also talk with the lawyer about a restraining order against the mother just in case she does decide to show up . It's always a good idea to cover all bases .
Best of luck .

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My son's father makes him come to visit after he stopped going so much and when he did it was only because I thought he needed to go see how he was.He is 12 and really doesnt want to go as often as his father wants so I wanted the legal answer if possible
Thanks everyone for the answers Just please dont think I am trying to keep him away from his father I just wanted to know.God Bless~V~

I can answer this question with experience. My parents divorced when I was 7. We lived with my mom for a while and things turned worse. At the age of 12 we were taken away from my mother and lived with my dad. I resented my mother for the longest time and did not want to go on the visitations with my younger brother and sister. They could not remember a lot of the things that had happened and were not bothered by visiting her.

However, my Dad insisted on all of us visiting my mother. Though it was painful and sometimes downright nasty I went and spent time with her. Through the years we started building and healing our broken relationship. Now that I am much older I am glad I went and visited. If I would have stayed away I would not have the relationship that I have with my mother now.

I am not telling you to make your son visit his father, but out of respect he should go and spend time with him. It takes a lot of time for people to heal and mend relationships. The one thing your son does need to do is try to have a relationship with his father. If he does not try now he will regret it later down the road.

Good luck to you and your son in this tough moment. The best thing all of you can do is keep an open line of communication. I know it will be tough, but try to do this for your son. Please remember that even though you two have divorced you will always be linked together in times for your son. Prom, Graduation, College, Girlfriends, Engagements, Marriage, children, and the many other things we celebrate.

For my brother, sister and I we still have to struggle with our parents. We thought it would finally end but now that we have children it is starting all over again. Please get along for your children.

Good Luck!!!

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Dania S. Fernandez, attorney at law, is a graduate of Nova Southeastern University School of Law class of 2000. She handles legal matters in the area of Real Estate Law and Family Law, including homeowners rights, foreclosure defense, mortgage fraud, residential and commercial closing (simple and complex transactions), condominium law, condominium conversions, contract disputes, divorce and custody issues.

She has dedicated much of her time to helping clients receive affordable, legal help while trying to help homeowners keep their house. She has helped and guided many clients with mortgage modifications, short sale negotiations and foreclosure defense. She has also represented clients involved in contract disputes and has successfully been able to get her clients deposits back and other matters resolved.

She has extensive experience in residential and commercial real estate transactions including the representation of homebuilders and Condominium developers, as well as the representation of individual clients in both residential and commercial closings. She counsels Developers of planned residential communities and mixed-use projects. She counsels clients in the creation and development of Condominium and Homeowner Communities in Florida. Her services include the drafting of contracts, condominium documents and the conversion of rental communities and cooperatives to the Condominium form of ownership. She also counsels the Developers in complying with Interstate Land Sales Full Disclosure Act, registering their projects with the U.S. Department of Housing and Urban Development, Office of Interstate Land Sales and preparing Statements of Record to be filed with HUD and the Property Reports to be given to the prospective purchaser.

In addition, she handles divorce, child custody cases and other family law matters. She strives to avoid unnecessary conflict and stress within each family law case. A divorce or other family law case does not have to be traumatic and combative. Her goal is to resolve each case quickly and as painless as possible. Her main focus in family law includes; Divorce, Property Distribution, Child Custody Disputes, Spousal Support/Alimony, Child Support, Prenuptial Agreements, Visitation and Divorce Mediation. She is an advocate for mediation and has a highly qualified Family Law Mediator available.
http://www.floridalawattorney.com
http://www.cpccci.com
http://www.cpcwebsolutions.com

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Ronald Smith of Children Need BOTH Parents, Inc. on the importance of children having EQUAL time, love, guidance with BOTH fit parents.
http://daddy.typepad.com/daddyblog/2008/09/parental-right.html

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child custody

Posted by admin on Apr-29-2009

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Overcoming Barriers to Separated Fathers

A popular misconception is that the term ‘primary carer’ means that children cannot cope with more than one adult. This interpretation is reinforced in many peoples minds by family law in the UK which uses the concepts of residence and contact - settling who the child should live with and the type of relationship with the other parent. However ‘primary’ in this sense does not mean ’single’ and there is no sociological or psychological reason children should not share their time between both parent’s home under the terms of a shared or joint residence order.

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Watch more at http://www.theyoungturks.com

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Clearwater Florida Divorce 101

Posted by admin on Apr-29-2009

Clearwater, Florida divorce attorney, Gary E. Williams of The Law Firm for Family Law takes a more informational approach to his videos. He offers legal insight to divorce in Florida and also a call to action to call his firm at the end. Would be interesting to see if this approach is effective.

http://www.garywms-law.com/

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