Hopeful, reunification court date is only 2 mo. away, and I have complied with court orders. The judge is very fair so I’ll probably get my child back then. After I do, I live in New Hampshire, when can I move out of state? (I will have legal custody at the point when I want to move but child services will be keeping an eye on me for several months. Can’t they transfer the case at this point)?
Legal answers
What if the father gets custody?
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Archive for the ‘Child Custody Legal’ Category
Me and my wife are trying to go on vacation out of state for 5 days (Fri-Tues) and the father gets the kid every weekend. We called him and asked him if we can take the kid (3yrs. old) and he said no cause he wants to see him. Which is BS! We have offered him have the baby a few xtra days next week, but still refuses cause he wants to be an a**…Can we still go on vacation, due to the fact my wife still has primary legal and physical custody?!
Legally speaking if it is his parenting time then that is what it is.
Now, speaking as a custodial parent and a non-custodial parent, see my husband has custody of one of his kids and the older one still lives with her mom.
Anyway, I have been on both sides of this and I can tell you that if there is a special occasion, such as a family trip, and it MUST be held on the NCP’s weekend (whish in this case is EVERY weekend) and it was unavoidable then the father should be working with you, not being a jerk. Everything is suppose to be in the best interest of the child, not just by the letter of the court order. have you thought about the option of offering him the entire Fri-Tuesday?
If he wasn’t too keen on that idea I would send him an e-mail or certified letter informing him that the entire family is going away out of state and these are the dates and the place you will be. You will apololgize for having to schedule this over a weekend but there was no other way around it. And offer any 3 days of his choice over the next 3 months that he can have the child to make up the time. I would also include that since you offered the father that time and he was unable to watch the child you had no other option.
Now this is going to royally piss him off. However, the only thing he can do is take you to court for contempt. Local police will not interfere, it is a civil matter, and the child is with the primary custodian. If/when he takes you to court for contempt he will have to spend about $200, even if he represents himself, to file everything and take off work. Then the Judge will see that you did technically not follow the court order, so you will most likely be found guilty of contempt, however given the fact that you warned him, you offered further time with the child, and it was in the child’s best interest to go with you your punishment will be a warning. Do you really think the guy will do all that just to prove he is right?
I would get a modification of the court order so this can not happen in the future. get a line added in that says something like "Due to the NCP having the child every weekend which can be restrictive to the childs vacation time and special occasion time with the CP, the custodial parent will be permitted to have the child for a total of 4 weekends a year. These weekends will be chosen by the custodial parent and a written notice will be given to the NCP no later than 2 weeks before said weekend."
I am in the military and married. My wife want to have her little brother come live with us, Hes 4 yrs old. Would we have to have legal custody of him to keep him? He will be going to school here, and also I would want to add him as a dependant, and put him on my health care, which is provided by the military… So basically would I have to have legal documents stating that he is in our care? or is there a way that i could do all this without legal custody?
You don’t need legal custody to "keep" him. All you need is his parent’s permission and written consent to make medical decisions on the child’s behalf, should a non-life threatening emergency arise.
However, probably to enroll him in school, and almost certainly to obtain insurance, you will need custody. If his parent’s agree, though, you can obtain a temporary guardianship order by filing a motion in family court and attending a hearing. You don’t need an attorney, just a filing fee. Pick up the paperwork at the county family courthouse where the child resides. Good luck.
A father who has been denied access to his son is moving to strike a restraining order against him now that a clinical counsellor in the case has been accused of lying about his credentials.
Victoria lawyer Naomi McKay, who is acting for the father, said she’ll be trying to get into court as soon as possible to have the order quashed.
McKay said the case has been a “nightmare” for the father, who was accused of abuse and, at one point, was prevented from seeing his son for more than six months “First priority is setting aside that order and getting back to a regular routine with his son,” she said. “He was seeing his son three times a week. So that’s his number 1 priority.”
The boy was interviewed in August by counsellor Jason Matthew Walker, who later reported possible abuse involving the father to both Saanich police and the Ministry of Children and Family Development. Walker’s sworn affidavit about that interview was then used in the child-custody case to obtain a restraining order against the father.
The case was heard in the father’s absence and he has yet to have his day in court, McKay said.
Saanich police, who investigated the abuse complaint, now allege that Walker lied in the affidavit by claiming to be a doctor of forensic and behavioural sciences. He also attached a resumé to the affidavit that said he held two doctorate degrees.
Police say Walker, 31, doesn’t have a doctorate, and that he has been misrepresenting his credentials. He was charged Dec. 31 with fraud, making a false affidavit and uttering a forged document.
McKay said any file in which Walker’s evidence was considered persuasive should come under scrutiny. “There will be a lot of stones being turned over,” she said.
lkines@tc.canwest.com
By Joanne Hatherly, With files from Lindsay Kines, Times Colonist
© Copyright (c) The Victoria Times Colonist
FROM THE UNIV. OF VICTORIA WEBSITE:
As a clinician, researcher and Canadian health services executive, Dr. Walker has a rich history in the areas of health care administration, public health, child welfare, counseling and the forensic assessment of child maltreatment.
He is a leading academic expert and published author in the domain of Child Maltreatment as well as high risk behavior in youth. He also holds qualifications in Public Health Epidemiology.
Dr Walker has a wide range of academic experience and qualifications studying at the University of Victoria, McMaster University, the University of Toronto, Smith College, Yale University and the University of Calgary complimented with a progressive career in senior leadership roles in Health Care.
Currently Dr. Walker holds academic appointments at the University of Victoria and University of BC in the Department of Medicine and a cross appointment to the School of Child and Youth Care.
Currently, Dr Walker is in private practice in Victoria (Health Point Consulting Inc.) focusing on child, youth and family issues, child custody access/parenting capacity, general counseling & forensic consulting on child maltreatment. Dr. Walker was recently appointed as a member of Accreditation Canada for Health Care.
He has held roles including: Paramedic, Child Protection Investigator, Advisor for the Government of BC (Health Care and Child Welfare), Advisor for the Government of Canada (Department of Justice), Deputy Regional Coroner, Reserve/Auxiliary Constable (Saanich Police) among his many community service roles he is Secretary of the Board for the Boys and Girls Club Services of Victoria, Director of the Board for Greater Victoria Victim Services, and Vice-Chair for the St. John Ambulance.
His research and clinical interests include: child welfare, forensic assessment of child maltreatment, high risk behavior in youth (prevention), quality assurance and best practices, development of integrated systems of services for health care and social services and public health issues related to infection prevention and control of disease/disease surveillance.
Dr. Walker has received national media attention for his work with children and youth in health care and social services among his international, national and provincial accolades and awards, he has been honored with the Canadian Medal of Honor for Community Services by the Government of Canada; The Order of St John; and the Queens Medal for Humanitarian Service to Mankind; along with multiple academic scholarships and fellowships.
HORRIFICALLY EVIL & CORRUPT = CHILD PROTECTIVE SERVICES
Duration : 0:3:27
Complete video at: http://fora.tv/2009/03/04/William_Zabel_and_the_Fight_for_Human_Rights
Lawyer and human rights advocate William Zabel claims the International Criminal court to be a “vital international organ for justice,” but admits that the United States is unlikely to sign the ICC treaty in the near future.
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New School President Bob Kerrey talks with William Zabel about his distinguished legal career, his work as chairman of Human Rights First, and his role in significant human rights cases, including the landmark Supreme Court decision which put an end to race-based bans on marriage.
William Zabel is chairman of Human Rights First (formerly the Lawyers Committee for Human Rights), a nonprofit international human rights organization. He has traveled the globe on Human Rights First’s behalf, including a 1986 trip to Chile, where he investigated cases involving those who were disappeared under the Pinochet regime. Zabel was a strong advocate for the creation of the International Criminal Court, and he helped support its growth as an effective forum for bringing human rights violators to justice. Zabel also played a key role in the landmark 1967 Supreme Court case Loving v. Virginia, in which the Court declared Virginia’s anti-miscegenation statute unconstitutional, effectively putting an end to race-based bans on marriage. Two years later, he was the lead lawyer in Weiss v. Gardner, where the Supreme Court held that a loyalty oath then required by Medicare was unconstitutional. Later, he signed the brief in Palmore v. Sidoti, in which the Supreme Court held that a white woman could not be stripped of custody of her child because she married an African American.
Bob Kerrey is president of The New School in New York City. For twelve years prior to becoming president of The New School, Bob Kerrey represented the State of Nebraska in the United States Senate. Before that he served as Nebraska’s governor for four years.
Duration : 0:3:36
My good friend in Oregon wants to leave her boyfriend and move to Texas . They have a child together. They are """"NOT"""" married. The baby does have the fathers last name.
Could there be any legal action taken against her for taking the baby out of the state? Could she lose custody of the child by leaving the state without the fathers permission?
What should she do to get away from him with the baby?
It is for her and the babies safety. It is a unhealthy relationship that she is in.
She is unable to post her own question for fear that her plan to leave will be found out. The fathers mother has money and could cause LEGAL problems, so she plans to kind of just disappear.
I want to know the dangers and legal consequence’s that could come of her just up and leaving him with the baby?
Thank you for your advice, this is a very big step for her, I appreciate your helpful answers.
Thank you everybody for your answers. My friend was able to read your answers .
They were very helpful.
Even though they are not married, the father is still able to pursue legal action against the mother for taking the child without his knowledge and/or permission since custody is not yet established.
However, since the move is to supposedly ensure the safety of her and her child, if the mother is able to validate this with evidence of endangerment (domestic violence, verbal threats, etc) then the father really has no case at all.
If this is the situation, and the father takes legal action, the father will either get limited/supervised visitation, or the mother will get outright custody.
No sane family court is going to rule against a mother who is genuinely trying to ensure the safety of herself and her child.
BTW are you having trouble finding the other parent responsible for your kids child support payments? Well, why don’t you try my free people search engine here at: “www.devin7588.ws” You might find who your looking for.
Duration : 0:6:40
Alberta PrimeTime Debate on Gender Inequality - Dec 10, 2009. Host Jefferson HUMPHREYS discusses the gender bias of the courts in awarding child custody and access with former Family Law lawyer - Grant BROWN; University of Alberta Sociologist - Amy KALER and Queen’s University Law Professor - Nick BALA
Duration : 0:7:33
If you or someone you know is or has been a victim of child abuse, past or present, call your local law enforcement agency. If you need further support for what ever reason, contact Bikers Against Child Abuse at www.bacausa.com
http://www.newartistradio.net/bacavideo/baca11mindsl.wmv
Duration : 0:9:25
What’s the difference between me having legal custody of a child and adopting him/her?
Legal custody = not permanent
Adopting = it’s your child!
