Archive for May, 2010

Author Doug McKee joins us in the latest edition of DadsDivorce Live to talk about his book “A Father’s Journey to Custody.” The book, written from a father’s perspective, will guide you in the right direction during your divorce and/or custody battle while offering helpful tips and advice along the way. McKee said his “hope is that this information will pave a smoother path for you on your journey to the custody or visitation of your children.”

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I am 15 and a 1/2 and about a month ago got my permit. My parents are divorced and only one parent came with me to sign for my permit. It had said that both parents must sign if they have joint custody, however the DMV administrator never asked… What are the repercussions?

Didn’t ask, don’t tell! You have a valid permit. Move on. Why create a problem where there is none?

I am expecting a baby in July – me and the babies father aren’t married and he told me he is taking me to court for his rights. I live in south dakota and was just curious as to how much he can actually get? . . im really scared – i don’t want to put my daughter through this :( . . can anyone please tell me what i can do!? . . my brothers have also told me to give him a drug test when he does take me to court because he has been into drugs but not sure if he is anymore? . . PLEASE HELP ME!!!
he also wants to sign the paternity papers but he lives in north dakota – my home town and the place our daughter will be born is in south dakota *( not sure if that makes a difference )*

Given that he lives in another state, he cannot get 50% time, therefore you will have joint custody, but primary care. He will be required to pay child support. In addition, if you are full-time breastfeeding, overnight visits are not usually supported by the court until you are using formula or baby is more than a year old.

In addition to the standard drug test, insist on a hair follicle test to show his long term drug usage.

BTW, he has to file in SD, not ND, as you are a resident of SD.

Florida child custody advice!?

Thursday, May 27th, 2010

I am in need of legal advice, my daughter is 19months old me and her father have never been married. He was very mentally and verbally abusive throughout my pregnancy. most of it he was not around, but when my daughter was born he popped up and convinced me he wanted to be around and do the right thing i have him that chance and we ended up moving in with him during that time he continued the mentally and verbal abuse. He did drugs, drank alot and this caused many fights i told him it had to stop or i was leaving… well in July of last year my daughter got very sick and was hospitalized, her father (i was still iving with) abandoned me at the hospital refused to come visit, bring me clothes or money to eat. While in there he decided it was best for us to leave, so i consented to moving out not like i had a choice since he packed up our stuff and put it out on the carport. After that i attempted to contact him and was told he would not give me any money to help with her until a judge ordered it and would not see her until a judge ordered that as well. That was all i heard until he was ordered to pay child support, he made two very weak attempts to see her inwhich the conversation ended up in him screaming and becoming verbally abusive once again. that was january 09 i heard nothing else until July 09 when i was served with a petition for visitation. when i recieved that i contacted him and agreed to voluntarily let him see his daughter everything was find we went to court and the judge said we should fill out a parenting plan but i have not recieved that from his lawyer or recieved anything in the mail. There is nothing in the courts as to visitation. I have continued to let him see her but, he is becoming verbally abusive again, refuses to come and get her, i drive her there i usually pick her up. I had to go out and find the things she needs while she is there (crib and carseat) i have to bring her things there that she needs as they refuse to buy them. I feel i have gone out of my way to help him be a part of her life… but recently he is becoming difficult to deal with, he is insisting on him having her every weekend for the entire weekend. He refuses to call me, instead has his moom call unless its to scream at me than he calls. Last weekend was the second time i let her stay the night, she came home dirty, smelling of dog urine, she seemed traumatized, and had a bruise on the back of her leg that appeared to be finger prints. it has been brought to my attention that he does drugs, his dad sells them out of the house, and he has guns (do not know if they are legal or not). With this information my question is… Do i legally have to let her go over there since there is no court order? and if i do does he legally have to give her back to me? Would any of this information hold up in court trying to get limited visitation between him and her? I am going to file for Sole custody, is that something that is generally granted or is there a chance there could be another ruling and what might that be? I am petrified of him getting frequent visitation she has gone there twice without me present and has come back in very bad shape. His aggresiveness and the fact that he just keeps pushing and pushing and i feel as if he is no longer thinking of her best intereast instead it seems as if he is doing this because he is paying. He has actually stated that before (if im gonna pay child support i wanna see the kid). I strongly feel its not in her best intereast at this age to be there for over night visits and i really do not believe she is ok there unsupervised. I am afraid of the drug use, guns and his behavior as a whole. the only reason i consented to letting her go is because i was trying to do the right thing and his mom stated she would stay around and her visits would be solely in her care, but i have seen that is not happening and even in her care she is coming back bruised, hungry, acting very odd, smelly, and dirty. What are my rights?? does anyone know of any legal help that isn’t legal aid that could help me in this case or give me legal advice as to what direction i could go. I want to do what is best for my daughter. she’s too young to have a voice, i can merely go off of the person i knwo he is, how she returns to me. Any help is appreciated!

You must contact a lawyer to get any meaningful advice on these questions.

Texas Child Custody Laws?

Thursday, May 27th, 2010

My sister is 15 and is having a difficult time living with my dad. She is very unhappy. He is never home and often leaves her in my care. The only reason she is staying with him is because she likes the school that she goes to. My mom lives in another city and the schools in that city are horrible. Would the courts in Texas allow my sister to choose to live with me? I am 26 years old, married, I have a house and a son…..so I am a stable person (no arrests, criminal record, etc.). I know that a child who is 12+ years old can choose which parent he/she wants to reside with. Would she legally be allowed to choose me? Any help would be appreciated. Thanks!

Actually, the rule is that a child 12+ who has an opinion about who to live with will be considered…they don’t just get to choose…and you have no real right to her…try talking to the dad and see if he will consent.

If a father was to sign all his custody rights to the mother, is the father still obliged to pay child support?

First, single fathers have no custody rights to sign away, until awarded them by a court. Second, no. Only a court can approve it.

http://ch07f-paternity-giving_up_parental_rights.dads-house.org/

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I just filed for U.S. citizenship using the N-600. I know i am a citizen because my father was naturalized while I was under 18 yrs. However, he and my mother were never married, although both there names are on my birth certificate. Now immigration wants to know if he had legal custody of me . My mother died in Haiti when I was 2 yrs old, but i have no death certificate. My father and I have lived in America since 1993.

Were there any school records that he signed, or that listed him as your contact?

Can you contact Haiti and get the birth certificate? If she died in a hospital, can you obtain hospital records?

Do you have family photos?

Top New York (NY) and New Jersey (NJ) Divorce/Child Support/Child Custody Lawyer/Attorney Adam Handler gives free advice to callers at The Law Link Show on Linkup Radio 93.5 FM.

In this episode, Divorce Lawyer and Child Support Attorney Adam Handler talks about the way court determines the responsible party to pay child support, as well as its amount, structure, and limitations.

Other Subjects Discussed:

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Legal & Geographic Areas:

- New York & New Jersey Divorce Lawyer
- New York & New Jersey Divorce Attorney
- New York & New Jersey Child Support Lawyer
- New York & New Jersey Child Support Attorney
- New York & New Jersey Child Custody Lawyer
- New York & New Jersey Child Custody Lawyer
- New York & New Jersey Family Law Lawyer
- New York & New Jersey Family Law Attorney

The Law Link Radio Show is aired on 93.5 FM in New York City and parts of New Jersey as follows:

- Tuesdays, 11:00am-11:45am EST
- Fridays, 2:00pm-4:00pm EST
- Sundays, 4:00pm-5:00pm EST

You too can ask a free Family Law/Divorce/Child Support/Child Custody question from top New York (NY) and New Jersey (NJ) Family Law/Divorce/Child Support/Child Custody Lawyer/Attorney Adam Handler by calling 1-718-324-5465 during the hours of the show.

To schedule a consultation with The Law Offices of Spar & Bernstein regarding your Family Law/Divorce/Child Support/Child Custody issue, please call 1-800-LAW-LINK or 1-800-529-5465 (within USA) or 1-212-227-3636 (outside of USA).

Also please visit our cool blog, Spar & Bernstein’s Law Link: http://sblawlink.com

Disclaimer:

This media presentation is an attorney advertisement brought to you by The Law Offices of Spar and Bernstein and Linkup Media.

Any information provided in this presentation should not be considered legal advice and does not take the place of consulting with an attorney.

The Law Offices of Spar & Bernstein expressly denies that an attorney-client relationship is formed between The Law Offices of Spar & Bernstein and any and/or particular listeners/viewers of this show, unless and until the parties have come to a paid agreement regarding legal representation.

The Law Offices of Spar & Bernstein is proud of its past achievements, but its prior success does not guarantee a similar outcome in the future.

For more information or to listen to and watch our shows online, please visit Spar & Bernstein’s website at http://www.lawsb.com

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Child custody is a legal term for describing the relationship and duty between a parent and child in light of situations where both parents of the child no longer wish to share a relationship with each other. Such a situation may involve a divorce, an annulment, or a separation, in which children present in the relationship may not reside with both parents and must be under the primary care of a parent that will make decisions for the child and care for the child. http://public.getlegal.com/legal-info-center/divorce-law/child-custody

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(323) 393-5669
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Produced by www.CustodyMatch.com

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