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.

Is it fair that one parent get custody of a child and the other parent has to pay child support even if he/she wants custody? Is it fair that because of this there are many women that can’t find a husband and can’t find a man to have sex with because to many man do not think it is worth being a father to this arrangement. Man only want children if they can have custody and do not have to pay child support. Is this fair yes or no?

Totally not fair.

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.

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San Diego divorce attorneys, Elizabeth Brown and Michele Lowenstein, discuss leaving the state while on joint custody. The lawyers explain that the dissolution of a marriage with children includes a parenting plan in which a provision decrees that it is prohibited to change a child’s residency outside of the state of California without a mutual agreement between both parties or a court order. This court order weighs many factors, including how attached the children are to each parent, the age of the children, and the children’s continuing contact with both parents.

Where the court will ultimately go is unpredictable. There are, the two divorce lawyers warn, no guarantees. The determination of the court will be made based on what the California court considers to be in the best interest of the child.

For more information on Divorce with Children, visit our website at http://www.lowensteinfamilylaw.com/California-Divorce-With-Children.php

Michele Sacks Lowenstein is a Certified Family Law Specialist based in San Diego. She’s a partner in Lowenstein Brown, a professional family law corporation, and has attained numerous honors, including being named a TOP San Diego lawyer in 2005, 2006, 2008, and 2009 by the San Diego Daily Transcript, recognition as an AV® rated attorney by Martindale-Hubbell, and has been repeatedly selected as a Super Lawyer. She has been practicing family law in San Diego for over 28 years. For more information on the outstanding qualifications of Michele Lowenstein visit http://www.lowensteinfamilylaw.com/Michele-Sacks-Lowenstein.php

Elizabeth Brown, attorney, specializes in family law, specifically children’s issues such as child custody, child support, and coparenting through divorce, as a partner in the Lowenstein Brown law firm. She has served as President of the Public Interest Law Foundation and volunteered in the Peace Corps as an advocate for youth. In addition to her successful representation of clients in traditional court, Elizabeth Brown also excels using alternative dispute resolution models such as four way meetings, the use of special masters, and private judging. For more on the successes and qualifications of Elizabeth Brown, visit http://www.lowensteinfamilylaw.com/Elizabeth-M-Brown.php

DISCLAIMER: This communication is an advertisement as defined by The Rules of Professional Conduct and California Business and Professions Code. No communication resulting herein shall create an attorney-client relationship unless a separate retainer is signed by the attorney and the client. The information in this web site is published to inform our clients and friends about current issues of importance in the field of family law. The articles presented in this web site should be viewed only as a summary of each topic and not be construed as legal advice. Legal counsel should be sought for the answers to specific legal questions. Rules governing our practice before the Internal Revenue Service require that we advise you that any tax advice on this website (i) is information only and not to be relied on and (ii) is not written with the intent that it be used, and in fact it cannot be used, to avoid penalties imposed under the Internal Revenue Code or to promote, market, or recommend to another person any tax-related idea.

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My remarks during the NDAA mark-up about provisions in the bill aimed at combating sexual assault in the military and protecting the child custody rights of service members.

For those who would like some clarification: The National Defense Authorization Act (NDAA) sets the budget and policy parameters for the Department of Defense. The drafting of this legislation in the House Armed Services Committee, commonly known as the mark-up, involves adding amendments to the draft provided by the Chairman of the committee known as the Chairman’s mark, or just the mark. Once all amendments to the mark have been debated and voted on, the Committee will pass the legislation and committee report to be considered and voted on by the full House of Representatives.

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http://www.romeoschmitt.com 866.721.5655 Romeo & Schmitt, P.C. represents mothers and fathers in issues of custody and visitation. Contact the firm in Rochester, New York for representation.

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Grinage Family Fundraiser Rescue Ezekiel Zadkiel Brown Age 4 and Arriyel Roxanne Brown Age 2 Missing Exploited Abused Children. Please help Grinage Family Rescue Ezekiel and Arriyel Brown Kidnapped by abusive father and his Girlfriend in contempt of shared legal custody and visitation in temporary custody order F.J.D.C. Philadelphia County DR No. 0C0705124. Donations pay for hiring Private Investigators, travel and professional expert witness report costs in Philadelphia, Pennsylvania and Fulton County, Atlanta, Albany, Dawson and Herrod, Georgia where Erick Brown and Saundra Sullivan are hiding to avoid service of summons for aggravated assaults and child abuse injuries inflicted on Lorraine Grinage’s children and Roxanne Grinage’s Grandchildren from 12/13/2009 through 06/08/2010 Philadelphia Criminal Case CR-10-06-11-9549 Honorable Marsha H. Neifield referred to District Attorney R. Seth Williams and Federal Case 210cv00179MSG.

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An inspirational video highlighting how once we UNITE, we too will overcome what may seem like insurmountable odds. UNITE!!! www.fathers-4-justice.us

One by One the ANTI-family courts can and will pick us off, only when we UNITE will there be a change.

JOIN US in our 2nd annual ***NATIONWIDE*** Fatherless Day Rallies on June 19, 2009 JOIN US in our 2nd annual PARENTAL JUSTICE MARCH in Washington DC on July 26, 2009 JOIN US in our 3rd annual NATIONWIDE MICRO RALLIES in August 2009 Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota TennesseeTexas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

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If I live in MI and have primary custody of said child , and my ex lives in Texas, how would vistation be worked out?

Ask the attorney who handled your divorce, who would be able to handle your questions concerning setting up a visitation schedule of dates & times, who must travel where, and is supervised visitation necessary. Good luck!