Parent Custody Blog

Helping keep you informed on Parent Custody issues….

Archive for June, 2009

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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Second Draft US Citizens Controlled Public Incident Database Terms Defined 5/31/09 11:00am
All human beings who live in the United States of America should have open access to record into U.S. Citizens Controlled Public Search Incident Database, verifiable experiences which block, thwart or threaten Americans pursuit of happiness.
U.S. Citizens Controlled Public Search Incident Database is an administrative solutions tool which will empower U.S. citizens to force two-way accountability for whether President Obamas Administrations good willed progressive economic stimulus recovery plan is effectively delivered to those Americans the Stimulus Budget is intended to help.
All Recovery.gov agencies and Private Sector recipients of any stimulus or federally sourced money including state, city, county and township jurisdictions should be required to date and time stamp verify their review and understanding of the incident report dockets ociated with the presenting person, family or business for any, health care, litigation, education, child welfare, human services, behavioral health, rehabilitative transitional or residential housing; social security administration, fraudulent property conveyance including Deed and Unclaimed Property theft, small business administration, internal revenue service, public istance, multi diagnosis addiction facilities; lyricists, artists and perfomers, child support, inmates, convicts and youth incurring personal injuries while in the custody of law enforcement employees, incarceration and false arrest, credit amnesty, domestic violence including elder abuse, identity theft, student loan, disputes escalating into ault, death and law suits, identity theft, neighbor, community and internet relationship ― administrative reason.

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LTTE chief Velupillai Prabhakaran’s parents are in the refugee camp in northern Sri Lanka: Sri Lankan army.

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School leadership is shared by the intermediary, district representatives, school staff, students, families, and relevant community partners. The school mission, vision, and goals are clearly defined and understood by all. Stakeholders participate regularly in data-driven decision making focused on improving support for student achievement and attainment. Roles and responsibilities are clearly defined with support and accountability systems in place to ensure effectiveness. Leadership capacity is groomed and supported at all levels: students, parents, mentors, instructors and principals.

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Men’s Rights: The Core Issues

Posted by admin on Jun-30-2009

*This vid has been updated from earlier versions and permanently moved to my main account*

A presentation of the main issues of the Men’s Rights Movement. Get the word out! Email, embed, or link this video wherever you can. Most of the sources are at the end of the video. More are below.

If you have a MySpace account, add me as a friend!
Link:

http://www.myspace.com/themensrightsmovement

*False allegations are also documented as having been used against women in custody battles, but to a much smaller degree, for three reasons:
1. There are a host of anti-male domestic violence programs and laws.
2. Women are the primary initiators of divorce (I’ve seen two stats: 66% and 75%), and thus more likely to make the allegation upon separation.
3. Women are much more likely to be believed.

Lack of court-enforced visitation affects women as well as men!

Other issues not covered in this video:
1. Sexual harassment – see Thugt1cian’s video on it:

http://www.youtube.com/watch?v=k0w1Swg4Vfg

2. Paternity leave
3. Social liberation from sole role of primary breadwinner

Not the father? Pay the child support (watch these videos)

http://www.paternityfraud.com/

http://vids.myspace.com/index.cfm?fuseaction=vids.individual&VideoID=11357058

Courts say they do this because its in the best interest of the child? Watch this:

Also very important:

38 States forcing men to pay for children who are not theirs:

http://www.law.com/jsp/article.jsp?id=1144414531354

How did this child support nightmare happen?

http://www.independent.org/pdf/tir/tir_12_03_03_baskerville.pdf

Domestic Violence:
Feminists hijacking the domestic violence movement:

http://www.dailymail.co.uk/news/article-430702/How-feminists-tried-destroy-family.html

Feminists suppressing awareness of male victims of DV:

http://www.foxnews.com/story/0,2933,197550,00.html

An academic text on DV:

http://www.law.fsu.edu/journals/lawreview/downloads/304/kelly.pdf

List of 249 domestic violence studies:
www.csulb.edu/~mfiebert/assault.htm

Part of the reason for boys slipping behind in schools

False allegations of domestic violence used with restraining orders (this is often followed by a move to temp. custody…which is almost never temporary):

http://www.thenewamerican.com/usnews/crime/173-restraining-orders-out-of-control

The iFeminists (the non-radical feminists) on false allegations of DV/child molestation:

http://www.ifeminists.net/introduction/editorials/2006/0628sacks.html

Dr. Helen Smith on Mens Issues

http://www.pjtv.com/video/Ask_Dr_Helen/Council_on_Women_%26_Girls%3F/1620/;jsessionid=abcoi97gnM91D7ZJ1dKbs

More about Mens Rights

iFeminists on false rape allegations:

http://www.wendymcelroy.com/ifeminists/2003/0722.html

You may be familiar with an 9% stat; this was part of a study conducted by the FBI that only included how many accusers dropped the allegations, and did not include how many men were found innocent. You may be familiar with a 2% false rape allegation stat. This was popularized by Susan Brownmiller in her book “Against Our Will,” but was not based upon any empirical study, but upon the long-held feminist ertion that “women don’t lie about sexual abuse.” The 40% false rape allegation stat comes from a study by Dr. Eugene Kanin and included both the number of dropped charges and the men who were found innocent, but her methodology only contained a pool of roughly 100 people. The 60% false rape allegation stat comes from a study by the U.S. Dept. of Special Investigations; its methodology included 556 people, was reviewed by 3 independent reviewers, and the resulting stat of 60% was compared to numerous police precincts around the U.S. See “The Myth of Male Power,” chapter 14: The Politics of Rape, for more.

Some divorce and fatherhood statistics

http://www.deltabravo.net/custody/stats.php

STRONGLY recommended reading for anyone seriously interested in Men’s Rights:
Taken Into Custody, by Stephen Baskerville
The Myth of Male Power, by Dr. Warren Farrell
Who Stole Feminism? by Dr. Christina Hoff-Sommers
Sexual Correctness: The Gender Feminist Attack on Women, by Wendy McElroy

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Education

    * Juris Doctor, Nova Southeastern University
    * Masters of Gifted Education, Florida International University
    * Add on Certification in Special Education, Florida International University
    * Bachelors of Education, Florida International University

Memberships

    * The Florida Bar
    * American Bar ociation
    * Florida Bar Real Estate and Probate Section
    * Florida Bar Family Law Section
    * American Immigration Lawyers ociation (AILA)
    * Florida Bar Business Law Section
    * Business Network International ( BNI )
    * Palmetto Middle School PTSA
    * Killian Oaks Academy PTA
    * USTA Tennis

Agents of

    * Old Republic National Title
    * Stewart Title Insurance Underwriters
    * National Title Insurance Underwriters

In ociation with and of counsel for

    * Airan2
    * Airan-Pace
    * Crosa & Fernandez, P.A.

 Florida Real Estate, Foreclosure Defense & Family Law Attorney

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.  

Law Offices of
Fernandez & ociates, P.A.
6705 Red Road #310
Coral Gables, FL 33143

Phone 305.254.4492
Fax 305.254.4514
daniaatfap-law.com

Florida Attorney, Miami Attorney, Coral Gables Attorney.
Florida Lawyer, Miami Lawyer, Coral Gables Lawyer.

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