Archive for August, 2010

My fiance is in a rough situation. ive been with him for 5 years, he has two kids by the same woman..they were previously married, but divorced a couple days after the youngest was born. i am the only woman he has been with since their divorce. The kids are now 10 and 5, both girls. The mother isnt exactly "unfit" but shes not exactly the best mother either. She lived in MA with the kids at first. the baby was born here. when the baby turned about 1, she moved them to VA. Mom re-married only a couple months after the divorce was finalized. Not even a year later, mom divorced her new husband because he was abusive twoards her, but never laid a hand on the kids. She dated a new man while still living in VA. After another year or two they seperated. Mom has never worked a day in her life, she claims she wants to be a stay at home mom with the kids. She was living a stable life when she lived in MA and VA. She would only make about two trips a year to mass so the dad could see his kids, he pays her a decent amount in child support, and rarely gets to see them. He cannot take time off from work to travel to see them, or else he would fall behind on his child support, or risk losing his job all together for frequent trips, and again, mom has never worked, not even when they were married. Shes with a new man now, its almost like she has to be with somebody. She has a third child now, with her new boyfriend. Dads youngest (not this new child) is so confused, she understands who her father is, but still calls all moms boyfriends "daddy". The oldest misses her father so much. Mom decided to move to ohio only 4 months ago. She came for a visit not even two weeks ago, but left the kids with their aunt and went back to ohio. She has a tendency to dump the kids off with family..but never dad. She leaves them with her parents in VA for weeks on end, and they have spent time with their aunts and uncles who live in mass when she needs to figure out her self. The girls went back to ohio yesterday, The oldest called him crying, she wants to live with dad. He has never gone for custody in fear moms parents will hire her a good lawyer like they did in the divorce. We cannot afford a lawyer. The other day his oldest told him she has been researching how old she can be to make her own decisions on living arrangements, and said when she turns 12, she wants to live with dad. He never sees his kids, he crys over the void of missing his babies. We arnt well off, but we do have decent jobs, and are doing good for ourselves. We havent moved too much, but are willing to find a bigger place to make room for his girls if he was awarded any custody. Mom is moving the kids back and forth between states, never has a job, doesnt even have a car, leaves kids with family, and still tells him shes "doing whats best for the kids". wouldnt whats best be to move back to MA so dad and i can help with the kids? My question is…what is the likely he could obtain joint custody of them? And if he does, how does this work in two seperate states? or, what is the likely he could motion the court to move mom back to MA? He did sign a form stating she could move the kids out of state, but enough is enough, she needs to remember these are kids, they have feelings too, and when they call their father crying over missing him, wouldnt it be time to act like an adult and do whats best for them? All input is greatly appreciated. and again, sorry for ranting and if this was long, im just trying to figure out what his options are. Thanks!

Joint custody in two states will never happened. Shared maybe, like during summer and holiday breaks.

My question is, why in the world isn’t dad moving closer to his children? Once he establishes residency, he’ll be in a lot better position to go after complete custody. There should be nothing more important than his children, including geography, His children are crying out, he needs to man up and be there for them. No excuses.

Child Legal Rights? Custody?

Friday, August 27th, 2010

So my parents are getting divorced and my mom wants to move to start over. We currently live in california and my dad is not letting us go willingly. So we have to have a child custody evaluator/ child mediator and we discovered through out own experience and that of others that she is biased. She seemed biased in the session with me and my two 12- year old sibilings, and she said some very innapropriate things to us and my mother. I am 16 years old and I would really do well with this move and it would be good for me. At what age am I legally allowed to decide which parent I’d like to live with (custody)? I believe in California it is 18, but I really need help getting the OK to move there. Any suggestions or legal tips is greatly appreciated. What can we do to try and get the court to approve the move without the consent of the father. He really wasnt a very actively involved dad but he’s put on a good show for the court and child custody evaluator. We really need help and any info that we could use to be able to move is SO appreciated. Many thanks!

At your age the Court will give great weight to your wishes regarding custody. The 12 year olds’ wishes will also be considered, but not as much. But Courts like to keep children together, so your testimony will be a big factor.

If you aren’t offered the opportunity to talk to the Judge, your mother should request that you be allowed to do so, in private. Just tell the Judge the truth, be very polite, and try not to be nervous. Don’t say really mean things about your Dad, but make it clear that he hasn’t been very interested in you in the past and you think that he would lose interest again as soon as the custody issue is settled.

You’re going with your Mom, I expect. Good luck.

Custody issues in a divorce case can easily become controversial and complicate the divorce process. While there are a variety of elements concerning custody, in this video Michigan lawyer Jacob Femminineo delves more deeply into two aspects of the matter: physical custody and legal custody.

Physical custody is, simply enough, where the child lives. Whether the child ultimately resides with the mother or father or is split between both parents homes will be decided during the divorce process. Typically, there is usually one parent who has sole physical custody.

The concept of legal custody is more involved. This type of custody takes into account all the major decisions regarding the child such as care, education, religion, and health. Michigan divorce cases involving children almost always end with joint legal custody. Watch this video to find out why, to get specific examples of situations involving legal custody, and to find out what circumstances will have a judge getting involved.

Duration : 0:3:56

(more…)

Technorati Tags: , , , , , , ,

http://childjointcustody.com Child support payments are an area of great concern to parents involved in child custody disputes..you need to know how courts will calculate the child support payments you must pay. Stop by http://ChildJointCustody.com for your FREE child custody book-”Win Custody of Your Child-An Essential Guide for Parents”

Duration : 0:1:24

(more…)

Technorati Tags: , , , , , , , ,

Noted Family Law Attorney, Elisabeth Camaur, discussed the duties and responsibilities of exchanging the Declarations of Disclosure during a California divorce case. Ms. Camaur is an attorney and mediator in Orange County, California. Her office also provides collaborative law services. She is a Certified Family Law Specialist by the State Bar of California’s Board of Legal Specialization and has practiced family law in California since 1993. Her office works on cases involving divorce, child custody, visitation, support, registered domestic partners, restraining orders and prenuptial agreements.

Duration : 0:3:51

(more…)

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

San Diego Divorce Attorney http://www.stevenmbishop.com/ At the Law Office of Steven M. Bishop, CFLS, a family law and divorce lawyer in San Diego, he and his staff are committed to providing professional, dedicated, and highly responsive legal representation for people going through a divorce or
family difficulties. We are a full-service family law
practice offering experienced information on divorce law
in San Diego, California.

Divorce Help & Family Law matters we handle include: Divorce Law,
Legal Separations, Family Law, Child Custody and Visitation, Child Support & Spousal, Paternity — Unmarried Parents, Non-parental Custody & Visitation (grandparents, siblings), Modifications to: child custody, visitation, spousal support.

Duration : 0:1:17

(more…)

Technorati Tags: , , , , , ,

http://GoodHelpHere.com/child-custody — Child Custody Issues

Divorce is a painful situation for anyone who has married.

It is even more painful for the children of that past relationship.

When a custodial issue rise, the ensuing legal conflict can make turmoil for the

children and the family generally.

There are some ways to ease the difficultness for children when custodial issues are

raised.

Speak favourably of your ex-spouse in the front of the children.

Avoid interrogating your children about the other parent’s activities and situation

after a visit.

Encourage flexibility in the relationship by being willing to compromise on

visitation issues.

Maintain and improve the relationship with the ex-spouse.

To learn more about Child Custody Issues, please visit:
http://GoodHelpHere.com/child-custody

Duration : 0:0:43

(more…)

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

Discussion on CHILD CUSTODY LAWS-Fathers denied child custody-demand SHARED PARENTING – p7 news 8aug10

Join the Social Activism to save the crumbling indian family system and fight against gender biased indian draconian laws
visit

http://groups.yahoo.com/group/saveindianfamily/

http://www.saveindianfamily.org

http://498a.org

http://ghrs.in/

http://mynation.net/

http://www.498a.org.in/

http://498amisuse.wordpress.com/2010/02/17/498amisuse-judgements/

http://www.crisp-india.org/

Duration : 0:13:3

(more…)

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

I am a mother of a 11 and now 4 year old girls. My husband and I split over a year ago due to various reasons and I moved back to Dallas, Texas where I was from while he still resided in Mississippi. The agreement was to allow them to live with him a year until I got on my feet since I already have a son that is not his that I had to take care of (age 15) and then send them home. Also, we were considering working things out but it just didn’t happen. He now will not allow them to come live with me, tells me I can’t afford them and they are better off with him while he lives at home with his mother (he can’t afford to move out) and it is a constant battle on holidays, birthdays, summers, ect. If I want to see them I have to drive 6 hours to visit because he never will bring them to visit me. We are still married, but I am filing for divorce in the next few weeks. I want to share custody of the girls but I want them to live with me. I can’t afford a lawyer. Does anyone have any advice on how to proceed in this matter? I am not sure of how Texas laws work when it comes to divorce and custody situations. Any help or advice would be great.
I have seen my children within the year, but the only efforts are made by me, not their father. I will make the trips with no problem. I got at least twice a month. He will not bring them to visit me as agreed upon.

I would not go file for divorce in hopes of getting visits. I would start making the 6 hour trip to go visit them so you can prove you can handle it.
The way I see it he isn’t technically keeping you from your kids. He is choosing not to send his children to go stay with somebody that they haven’t gone to visit in a year. You have to build up trust. And once you start visiting the children the courts will definatly give you some sort of custody.

EDIT: If he is suppose to bring the kids to see you per parenting plan then go to court and file that he is in contempt of court. And yes file for divorce and ask for split custody. But you are going to have to have a way to make it reasonable. You might have to move closer. 6 hours away is not very reasonable for split custody.

My parents have been foster parents to my little brother since he was five days old. Now he is two years, five months old. We just received word that custody is being given back to his biological mother. Can my family do anything to keep him in our home?

If they have deemed her fit to have custody then there probably is not much you can do. Custody always goes to the mom unless she is unfit or gives up her rights. However you should talk to an attorney about this to be sure. Also discuss with the attorney if you can legally keep track of him in case the boy goes back into foster care to make sure your parents get him. That is what I would do. People in here are not going to know the law.