Archive for June, 2010

Is that going to affect him from joining?

Most likely not. It does stand a good chance of impacting his custody though.

How does he plan to take the child for his 50% when he’s in 6 weeks of basic training and up to a year of training for his AFSC (Air Force Specialty Code)?

How does he plan to take care of the child for his 50% when he’s deployed to Iraq/Afghanistan? To Iceland? To the Aleutian Islands? Timbuktu?

How does he plan, on a private’s salary, to pay his half of the child care during his absence?

Lots of questions here. It’s lawyer time.

California Child Custody?

Saturday, June 26th, 2010

My sister in law got arrested. She is now in jail. She has a five year old daughter. Who is now in care of my other sister in law. What rights does she have to keep her. Child Services is giving her a hard time. She is in a safe environment. Help please

Are you talking about the sister-in-law that has her? As long as nobody objects, there should be no problem for her.

If you are talking about the criminal, she should have thought about her daughter before she chose to break the law.

An ex-girlfriend and I are having a child together but she doesnt live near me. How would visitation rights be established or what would the rights of the male be?

First, you have to establish paternity. If she’s cooperative, this is as easy as both of you signing an acknowledgment of paternity, which puts you as the father on the birth certificate and gives you all the rights any father has. The hospital has this form and will provide it to you and explain what signing it means. If she doesn’t cooperate, you have to file a paternity suit and force her to submit the baby for genetic testing.

Once paternity is established, you and/or she could file in court to get a custody/visitation order. Alternatively, you could simply make an arrangement for visitation by agreeing with each other, but doing this means that you have no recourse if she prevents you from visiting or otherwise changes the agreement.

How would a mother go about giving custody to the father? what would have to be done to make that happen?

Not much to go on here. Physical custody? Drop the child off at the father’s house. Legal custody? Both parents would file with the court a modification of the current order, or if no current order, file with the court a shared parenting agreement. Courts in bigger cities have advocates in the domestic court house to help with this. Agreement has to include terms to cover visitation, child support, and how medical insurance will be taken care of. If the domestic court doesn’t have any arbitration or mediation available, a private attorney could take care of it very easily.

Is it correct that in an international child custody dispute the American father is the only legal victim when his daughter is not returned from Japan? His US born daughter is a citizen of Japan as far as the Japanese are concerned. She is living in Japan with her Japanese mother.

Yes it is.

Child Custody in Florida?

Sunday, June 20th, 2010

Hi everyone, I need serious responses as this is not a laughing matter! We have a lawyer but i feel like they are just sitting there not doing a thing. Heres the case: Three years ago my nephew was born, the mother told my brother the child was not his, my mother in the year the child was born went to look for him and the boys mother through her out still swearing the child was not his, and then the boys maternal grandmother called our family swearing the same thing. Almost 3 yrs later we did facebook stalking, we saw pictures of him and he looked identical to my sisters child, My brother took action and had to do a paternity test to prove it was his, she still saying it wasn’t my brothers. now its proven its his child and now we get two nights and my brother has a new family with a few month old child. The magistrate recently told my brother this: My brother must pay her $600 in child support and pay over 23000 in what would have been child support, he has no holidays (not even fathers day), child does not get his last name, and he has to put life insurance in the mothers name, the boy can only go to the Dr she chooses even if its not under his insurance. My brother gf (has baby with and living with) can not watch the child, but the mothers bf can watch the child (this is in the custody act). She lied directly to the magistrate about her work life (i can elaborate if you wish), and my brother is the only one currently working (850 every two weeks), rent is 800 a month, has to pay other bills, plus he has a baby, how is that fair not only to my brother but his infant child, is it even allowed, what can we do? This whole thing sounds fishy to me! Don’t rant or throw your moral standpoint. He’s a father taking a stand for his child and its not the issue of money its the issue of hey this lady lied and separated them and now wants to continue to do it and get money. She’s done this before with her first child same exact scenario, and her daughter carries her last name as well! Don’t give crap about marriage then kids, because we’re in new times, and if you do go back to what marriage was for (biblical times) and then see how your standing with Christ yourself to begin to acknowledge that rule!
I will also report any ranting so that you lose points! i’m not messing around! This kid matters to much to me so that you can throw irrelevant responses!
Yes it would be standard but the florida laws have changed no more primary and secondary parents from what i understand. I read a case where a husband who was in and out of jail for crimes plus drug use got better rights and other stories where child support not so high. Money can always be pulled between the family so were not fighting that so much but the rights visitation and recognition

The support order sounds pretty standard for a non-custodial parent. Your brother’s girlfriend and child and their expenses are typically not figured in when a support order is drawn up as they are not in any second family situation.

If he wants it modified, he has to file a motion for such in the court where the original support order was issued and show just cause (change in financial circumstances, such as unemployment or hours cut, etc.).


First off you have to file in the county that the CHILD lives in.

Then you go to the court house and file a motion for custody, and include a copy of the child support calculator with your information filled out.

If you are a man you may need to also file for paternity, so the court will recognize you as the legal father of the child. Until that happens you can’t get visitation, or be ordered to pay child support,

Do you believe in equal custody for mothers and fathers?
Both mothers and fathers having 50% custody of their child(ren)? Both partake in the same amount of time, decision making and financial contribution (keeping in mind if one parent makes more then the other they will pay a portion of child support anyways, just not a full tabled amount) Presuming that both parents are fit, present and able which is the majority of parents.

Yes absolutely. Both parents need to be flexible and do what works for their children. Such as one working daylight and one working evenings, and when the children are school age making sure that the parents live close enough or in the same school district to make bussing easier. Mother should not have more "rights" to parent than fathers. I am a mother and feel that my childrens father should be equally accountable and responsible for parenting. That being said, if his work schedule is unable to be changed He shouldn’t fight over the custody time. Parents should have custody when they are THERE to spend time with the children. No mother OR father should have custody time only to then leave the kids with a sitter for work or social time when the other parent is free. We do not live in an ideal world and divorce and out of wedlock children are a REALITY. So the ones on here saying having two homes is not good and not to share custody are in a dream world that doesn’t exist. There are more divorced, and blended families than there are intact "origanal" families… so it cannot be ignored and needs dealt with in a real intelligent fair manner.

http://public.getlegal.com/legal-info-center/divorce-law/child-custody
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.

Duration : 0:1:24

(more…)

Technorati Tags: , , , , , , , , , , , , ,

Asahi Broadcasting Corporation (ABC) televised a short 14 minute piece on Joint Custody (Kyoudou Shinken) on June 8th. It was a short but good program aired in Osaka that focused on 2 women. One woman can only see her kids 4 times per year when the kids spend the day at her parents house. The other woman’s children are in America (Utah). Since Japan has not signed the Hague Convention on the International Aspects of Child Abduction the father will not let the children visit Japan. She would like Japan to sign the Hague so her kids can come to Japan and visit and learn about Japanese culture. ABC said they would do more stories related to this issue in the future. Hopefully, they will continue their series on “how to help children”. Please watch the two part video. Two lawyers and some other parents also voice their opinions in the video.

Duration : 0:9:24

(more…)

Technorati Tags: , , , , , , ,