http://www.expertlaw.com/forums/ Issues involved in child custody litigation and in carrying out a custody order, as well as child visitation (parenting time). en Wed, 19 Jun 2013 17:56:19 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=160159&goto=newpost Tue, 18 Jun 2013 21:57:18 GMT My question involves a child custody case from the State of: My daughter lives in illinois with her 4 year old daughter. she moved here 2 years ago.... My question involves a child custody case from the State of: My daughter lives in illinois with her 4 year old daughter. she moved here 2 years ago. the father had her for visit last year and refused to give her back. since there has never been a court on custody she was to go get her so we did, we basically kidnapped her. was told to do so by lawyer. we suceeded. my daughter had papers drawn up but never went thru with it due to financial reasons. A year went by and she has allways let the child talk to him ,,,he has allways lived in texas and still does. Over this time he had told her he would never do that again, they agreed he come get her in jan.13 and return her in april but had family reunions going on so she let her stay till now. she was to pick her up on the 23rd of june. he has since told her she could not have her and she has recieved papers from texas public aid for child support. after 6 months in texas u can file for custodial parent. he had this planned all along. she is devistated. We need any information of legal help that is out their or information as to what we can do. ]]> Child Custody and Visitation meme4 http://www.expertlaw.com/forums/showthread.php?t=160159 http://www.expertlaw.com/forums/showthread.php?t=160141&goto=newpost Tue, 18 Jun 2013 18:10:36 GMT My question involves a child custody case from the State of: Arkansas I know there are no minimum age requirements in the state of Arkansas for... My question involves a child custody case from the State of: Arkansas

I know there are no minimum age requirements in the state of Arkansas for leaving a child alone at home. But, I need to know if the non-custodial parent is allowed to leave the child unattended, alone at home - or any other residence? She's 11 years old now.

To me, it doesn't make sense, morally. The mother lost custody of her child for allowing her to be subject to various degrees of abuse/sexual abuse/neglect to begin with. After I (her Father) gained primary custody, the first year of visitation the NCP (mother) had was to be supervised (in 2007). From there on out it was just regular visitation. It seems there should be some requirement - somewhere- so that a NCP would not be allowed to leave the child unattended at ANY time....ESPECIALLY within this type of scenario.

If I'm unclear, or you need more information, please ask.
Thank you ]]> Child Custody and Visitation scambd http://www.expertlaw.com/forums/showthread.php?t=160141 http://www.expertlaw.com/forums/showthread.php?t=160106&goto=newpost Tue, 18 Jun 2013 04:26:21 GMT My question involves a child custody case from the State of: California

I am a grandparent trying to help a daughter (lets call her "Julie") with a custody issue with her stepsons.....(as grandma, I have a lot of time, she does NOT).

Background: stepsons are pre-teens, bio-mom left scene when they were about 4 & 5 to "follow her bliss" (groupie for rock band). My daughter met their dad a few years after this. Julie and bio-dad are now happily married and she is trying in every way to establish healthy, happy relationship with stepsons. Despite the fact that the bio-mom has now re-married and has a new baby (plus a toddler), she seems to have a suspicious motives behind all her requests or communications with their father.

For three summers now, bio-mom has always stated that she would like to have the boys every other week (summers only) , but has never actually tried to do this. Fact is that the father has previously allowed erratic visitation by the mother, because he has always been happy that she has even come to spend time with them at all. Her visits have always been rather random and she was seldom on time (by the hour, or by the day for pick-up or drop-off). Starting today, the mom has picked up the boys and this will be the first full week that she has had them since divorce. At this same time, the mom also asked if she could have a copy of boys' birth certificate. She also informed daughter that she had set up both boys for doctors checkups (who both have good insurance and medical care through their father). I see red flags, but am not sure just what Jane should do, or not do.

I think bio-mom may be seeking custody, and that the father probably should not allow this equally shared time during the summer (no, it is not in custody agreement). Am seeking advice as to what the father and my daughter should do to protect themselves AND the sons who love their real mom, but are still confused by divided loyalties.

Thank you for any input or opinions. ]]> Child Custody and Visitation kriskayro http://www.expertlaw.com/forums/showthread.php?t=160106 http://www.expertlaw.com/forums/showthread.php?t=160104&goto=newpost Tue, 18 Jun 2013 03:15:21 GMT My question involves a child custody case from the State of: Michigan I live in another state. Mother has full legal and full custody. We were... My question involves a child custody case from the State of: Michigan

I live in another state. Mother has full legal and full custody. We were never married. Child is a toddler. Mother is now getting married. Can this new relationship status effect our Order of Filiation and my rights? Will she now or potentially have more power to have or change our order, or will i have less power to change our order in the future due to her getting married?

In short our current Order of Filiation provides me with the following, which I will attempt to get changed in the near future as it is extremely harsh:

visit child once a month for minimum of three hours supervised by mother at a mutual location
a "say" in religion and education
$2,000/month in support
mother must travel to father's state twice a year for three days with child

this order has been in place for a few years now. ]]> Child Custody and Visitation thesurg3on http://www.expertlaw.com/forums/showthread.php?t=160104 http://www.expertlaw.com/forums/showthread.php?t=160103&goto=newpost Tue, 18 Jun 2013 02:59:05 GMT My question involves a child custody case from the State of: Michigan. Oakland County I live in another state I am the noncustodial biological... My question involves a child custody case from the State of: Michigan. Oakland County

I live in another state

I am the noncustodial biological father. The mother has legal and physical custody; however, our Order of Filiation states that I get a say regarding Religion and Education. Recently I have been having an issue with the mother not putting the child in a neutral school, rather a school that is heavily influenced in a religious education in conflict with my own religion.

Since she has Full Legal and Full Physical, but our Order of Filiation states that I have a say specifically in religion and education. How can I get this part of the Order of Filiation enforced?

Looking on Oakland County's Friend of the Court website, they do not have any information about issues unless they are related to Parenting Time and Payment. It seems that is the only thing they want to get involved with.

I appreciate your help. Also if you can recommend a good law firm with a record of excellence, I would be very obliged.

Thank you. ]]> Child Custody and Visitation thesurg3on http://www.expertlaw.com/forums/showthread.php?t=160103 http://www.expertlaw.com/forums/showthread.php?t=160054&goto=newpost Sun, 16 Jun 2013 23:03:47 GMT My question involves a child custody case from the State of: Minnesota

Quick and dirty version of mine: My child's mother left me when she found out she was pregnant with our child and refused to ever put me on the birth certificate (I immediately requested a DNA test be done, and have the ROP to acknowledge she's mine), got married and divorced, then moved out of state to Oklahoma. Due to several innocent statements made by my now 3 1/2 year old, I have not been allowed to speak to my daughter in a month. Even before that, I was limited (by both our work schedules) to one five-to-ten minute phone call every Sunday, right before bedtime.

She has taken not only her children (she has four different children through three different fathers) but also her ex-husband with her, to reunite with a convicted sex offender once he is released from prison. This person is required, upon release, to register as a sex offender and, to what she informed me of, is not allowed to be unsupervised around minors. She also has her alcoholic and (possibly, not 100% sure, story keeps changing) sexually abusive father watching all three of her custodial children. Her oldest child is in the permanent custody of my child's mother's parents.

First off, I need to know how I can get legal representation, because her mother has already contacted Legal Aid and Indian Legal, basically ruining any chance I may have had there. I recently found out also that my county's Volunteer Attorney program no longer has a branch near me, so unless I am able to travel an hour+ I am unable to contact them; my work schedule also prevents me from using free resources that I am aware of. I feel confident in my ability to present a solid case, but I also know that she would appear, if at all, with a lawyer on her side to make me look bad.

Second, I need to know what sorts of arguments I can utilize that do not really mention the mother. I can't imagine that a judge would be interested in minute-to-minute details, but that he would be looking for evidence about what sort of parent I am and what sort of parent she is.

I am not interested in removing my daughter from her mother's custody, I simply want the opportunity to be the father for my child that I myself lacked growing up. ]]> Child Custody and Visitation gkaurala http://www.expertlaw.com/forums/showthread.php?t=160054 http://www.expertlaw.com/forums/showthread.php?t=160053&goto=newpost Sun, 16 Jun 2013 22:51:41 GMT My question involves a child custody case from the State of: South Carolina. It is Father Day weekend which I am supposed to get my son (6 years... My question involves a child custody case from the State of: South Carolina.

It is Father Day weekend which I am supposed to get my son (6 years old), who lives with his mother 240 Miles away (which she moved away too). We meet every other weekend half way exept for this weekend due to my work schedule. My 17 year old Step-daughter was in the pick-up area seeing her father so instead of me getting some one at work, working for me on Fathers Day I chose to let SD pick my son up from his mother. Upon Son's mother arriving at pick-up site she refused to let his Step-Sister drive him to our home. Not only is it Fathers day weekend which my Papers state I should have gotten him on the evening before Fathers Day, It is my 1 of 3 Summers week long trips with us. So is a S.C. Licensed driver, 17 years old, in our Primary Family Vehcile (Expedition), which has been his Step-Sister for 5 years could not drive him home. Is this okay or should there be some Legal action taken? ]]> Child Custody and Visitation Chubbs http://www.expertlaw.com/forums/showthread.php?t=160053 http://www.expertlaw.com/forums/showthread.php?t=160048&goto=newpost Sun, 16 Jun 2013 19:58:08 GMT My question involves a child custody case from the State of: Florida About a year ago my husband filed to change a few things on his final... My question involves a child custody case from the State of: Florida

About a year ago my husband filed to change a few things on his final judgement, he had majority visitation because the mother never showed up to court the first time. He had an agreement with one of her family member to alternate the child everyday but once he was expecting another child he felt that the child should grow up with their sibling and it would be more stable for the child. (Previously the child would go back and forth from aunt and gma and the biomom would see her once in awhile) I have been involve with the child for half of the child's life. The child calls me mom( on their own, I never ask them to). There is more but i'm just trying to give you an idea. Okay, so the biomom's family member obtained an awesome lawyer and he was able to turn everything around and got the biomom full custody and child support. Her family lied on the stand and the judge believed them and when we tried to object ( paid the 1500 for the transcript) they didn't even read the objections and still sided with the mother.(Who was being evicted and now lives with her mother). What can we do? Her and her family are acting like they are the "top dogs". The reason why they won was because my husband changed the school without asking the biomom( his previous lawyer said he could) and took his child to a new dr(because him and his ex owned the old dr money). My husband did not know he was doing anything wrong. What do we do? We just want everything to be fair and the child to be able to grow up with their sibling. This decision not only effected one child it effected two!!! ]]> Child Custody and Visitation angrystepmom http://www.expertlaw.com/forums/showthread.php?t=160048 http://www.expertlaw.com/forums/showthread.php?t=160028&goto=newpost Sun, 16 Jun 2013 03:01:06 GMT My question involves a child custody case from the State of: TN The other parent scheduled a flight for our child very early in the morning. For... My question involves a child custody case from the State of: TN

The other parent scheduled a flight for our child very early in the morning. For this age our child should have at least 10 hours of rest but will only get about 6 hours.

I know they can sleep on the plane and travel schedules may be limited but Is this something he should consider before booking early morning flights that cut into our child's ability to get adequate rest at night? ]]> Child Custody and Visitation elemmom http://www.expertlaw.com/forums/showthread.php?t=160028 http://www.expertlaw.com/forums/showthread.php?t=159979&goto=newpost Fri, 14 Jun 2013 15:43:45 GMT My question involves a child custody case from the State of: Texas

I'm just wondering if this would even fly before I step into the clerk's office with a petition.

Would it be possible to modify the order to find a schedule more suited to my ex's work hours? Is there anything I can do about my son being with his grandparents unsupervised?

My reasoning is this:

My ex has joint custody of my three year old son, which is fine. He appears to be active in his life, but I can't say whether or not he's actually the one spending the weekends with him. I live approximately 40 miles away from him, so I'm not able, nor should I really, check up on them.
Here's the problem though: Since I don't really have much access to my son on my ex's weekends, my ex has taken the opportunity to rarely, if ever, pick him up on those Fridays citing work related scheduling issues, so he sends his parents to pick my son up. Generally I would be fine with this, and in the beginning I was, but for the last few months I have been completely beside myself about it. A few months ago, my son came home after a weekend over there and started having nightmares. He would often wake up in the middle of the night, screaming about his grandfather (ex's dad). Usually it would involve "No, don't. Stop hitting me, [grandpa]. Stop." and things of the sort, then he would roll back over and sleep. These nightmares got so awful, I began to question what was happening and my ex agreed it was strange. I thought I'd put an end to this, because I spoke to his father and requested my son be supervised at all times around his grandparents, and asked that we make arrangements for somebody else to pick him up, or I'd take him, or for a change in visitation hours. Anything really. For a few weeks, he was picking my son up and the nightmares stopped, but then one weekend my son came back with the nightmares. This isn't the first time my son has come home having nightmares or irrational fears and blaming his grandparents. Previously, I'd chalked it up to an overactive imagination and an accident, but I still requested that he be supervised just in case, you know? But a second time having nightmares and telling me it's his grandfather really has me at odds.
After that weekend, my ex started sending his parents to pick him up again, even after my pleas to choose somebody else or let me drop him off when he gets off work. I was totally up for driving the entire way, if it meant my son would stop having nightmares. My ex pretty much refuses to find a different means.

Any advice before I trudge up to the clerk's office would be great. ]]> Child Custody and Visitation Aristes http://www.expertlaw.com/forums/showthread.php?t=159979 http://www.expertlaw.com/forums/showthread.php?t=159978&goto=newpost Fri, 14 Jun 2013 15:40:01 GMT My question involves a child custody case from the State of: Alabama I have 2 children (ages 6 and 8). They have been telling me that every time... My question involves a child custody case from the State of: Alabama

I have 2 children (ages 6 and 8). They have been telling me that every time they visit their father during visitation times he is always very angry and yells at them all the time and his new wife is always complaining to him that he is paying too much money to me for child support in front of the kids. Now they do not want to go visit him. Just recently they called him and told him that they don't want to come see him and he just says ok and they think that everything is fine and they don't have to go. But now he calls back a day later and says its not ok and they are going to have to see him. This just isn't a very healthy situation for my children. The court papers say they are supposed to visit their dad every other weekend. I am not sure what to do here. I don't want my kids to be yelled at every time they are there. I have talked to my ex-husband about it and of course he denies it. ]]> Child Custody and Visitation bammerpl http://www.expertlaw.com/forums/showthread.php?t=159978 http://www.expertlaw.com/forums/showthread.php?t=159948&goto=newpost Thu, 13 Jun 2013 22:13:32 GMT My question involves a child custody case from the State of: Kansas If a mother has already been proven unfit for children involved in another... My question involves a child custody case from the State of: Kansas

If a mother has already been proven unfit for children involved in another marriage and the ex husband has sole custody, does that mean she can be proven unfit for a fifth child without a whole lot of complications. I've read Statute 38-2271 and that's how I'm reading it, but I thought I'd ask a second opinion. ]]> Child Custody and Visitation abrandnewsong http://www.expertlaw.com/forums/showthread.php?t=159948 http://www.expertlaw.com/forums/showthread.php?t=159929&goto=newpost Thu, 13 Jun 2013 16:00:31 GMT My question involves a child custody case from the State of: Washington So, here is the backstory... My boyfriend and I have been together for a... My question involves a child custody case from the State of: Washington

So, here is the backstory... My boyfriend and I have been together for a year, have a house together. He has a daughter from a prior marriage she is 6. (He is still technically married, as he served her papers and is waiting to go to court.) He doesn't have her due to the fact that he is military and was often deployed, in the field and was stationed overseas for 2 years. His wife at the time didn't want to go to Germany with him, or live in the same town when he was even in the state of Washington where he is stationed with the army. She took the daughter and moved back up north 2 hours away from the military base, so there was no way that he could live with them. He has been deployed 4 times in his daughters 6 years alive...... So, the mom, gave the daughter to grandmother to take care of as she was doing drugs, and is now and has been homeless and has no means to support herself, let alone a daughter. There has been nothing in the court system to show that the grandmother is the legal guardian or anything. The only thing that has changed, is that my boyfriend started a child support case on himself so that the money would go to the grandmother and not his ex to use for drugs or lord knows what else. So, now that we are stable and he is getting out of the military, he wants to have his daughter full time as he can finally provide a life that is conducive to a child's wellbeing. He has always gotten her on the weekends and takes her with us on vacations and such, so he is a large part of her life, just has never had custody of her. Does he have any rights to just take his daughter without a court order where the grandmother doesn't have any court documents stating otherwise? He is going to talk to a lawyer, but I just thought I would throw this off here and see what happens! :) Thanks so much ]]> Child Custody and Visitation Jenntred http://www.expertlaw.com/forums/showthread.php?t=159929 http://www.expertlaw.com/forums/showthread.php?t=159911&goto=newpost Thu, 13 Jun 2013 06:54:59 GMT My question involves a child custody case from the State of: Tennessee. Ex-Wife wanted to move to an adjoining state with our children. As for... My question involves a child custody case from the State of: Tennessee.

Ex-Wife wanted to move to an adjoining state with our children. As for parent issues etc. I am the dad and she is the mom and we were married and we are divorced and I had 3 days a week co-parenting time and she had 4-days co-parenting time. This was in the Divorce Order and Permanent Parenting Plan. Ex-Wife mails a certified letter to my employer and my boss's secretary signed for it. The letter just advised me that she wanted to move. I filed a Petition to Prevent Parental Relocation and I also filed her letter (since she had not and without it my Petition seemed pointless) there are statutory time limits in the Tennessee Code and she decided to just move the kids and register them for school during their summer vacation.

I obtained a warrant for Felony Custodial Interference, Extradition Order (for Ex-Wife), coordinated with her local police, and went and got my children that weekend. Ex-Wife lost preliminary hearing, was indicted by Grand Jury, and faces a Criminal Court Trial for two counts of Custodial Interference (Felony). Her trial is fast approaching.

In the meantime I have had the children for an entire school year with me. Both children are doing excellent. I have done everything in my power to make sure that our children have spent time with their mother (Criminal Judge advised me that I could allow visitation). I allowed visitation over school breaks etc. (I don't think she will try the moving thing twice, it doesn't seem to work very well).

My Ex-Wife hired an attorney for the civil issues however the attorney withdrew because my ex-wife has a problem with the truth and a response could never be formulated on their end, she would never show up for mediation, and barely talked to her attorney. So now she is unrepresented and (as far as I know) has not obtained new counsel. In the motion to withdraw there was a 30 day period for her to get a new attorney and it is over.

What I want to know is what do I file to make this case move since it has been 10 months since my original filing and the civil case has not moved, and if she is found guilty and incarcerated what do I file at that point? I want to be the Custodial Parent. I have already had them 10 months (school year), worked a full time job, carried 15 hours a semester (I'm a Junior in College working toward B.S.), and am single. I think that I have demonstrated that I am more than up to the task (they still have all their fingers and toes ;) ). Should I default now or wait and take a chance the criminal case will be reset and is it actually "defaulting" her.

Thanks! ]]> Child Custody and Visitation SnglOfcrDad http://www.expertlaw.com/forums/showthread.php?t=159911 http://www.expertlaw.com/forums/showthread.php?t=159902&goto=newpost Thu, 13 Jun 2013 01:45:35 GMT My question involves a child custody case from the State of: Kansas I am posting on the behalf of my significant other. He has a son who is four... My question involves a child custody case from the State of: Kansas

I am posting on the behalf of my significant other. He has a son who is four years old in December. The mother of the child was married, had told him she was separated from her husband (although we found out later they did not separate until after the birth of the child), and ended up putting her husband on the birth certificate. They then later divorced. My significant other at the time did not have money to do anything legally, and when the mother retained physical custody, he felt there was nothing he could do. She let him see the child sparingly, but anytime he tried to see the child more or did something the mother didn't like, she would threaten to not let him see his son at all. There was a DNA test done, which the results he did see, but he was never given a copy, even though he asked for one. And now can't obtain a copy because the place only keeps it for a couple years. So ultimately, he had no money and no rights.
Now, the ex-husband has recently taken his name off of the birth certificate. It was ruled that my significant other was the biological father and was to be put on the birth certificate. He would like to file for custody and would like to know what he would likely get.
The mother has four other children with the ex-husband. The ex has sole custody and the mother has no visitation with her other children. She has lived in three different homes, that we are aware of, in the last year. She has only allowed my significant other visitation for the past year. Over the year, we were allowed to have him at least three days a week, but has since only been allowing when she wants him to be here or not at all,even if my significant other is not home because he is working. She has told me that its because she thinks he is a bad person. She has told him its because she doesn't want the child to have a relationship with me. The child is sent to babysitters while she is at work now. We know for a fact that the last time she was doing this she had not even met the babysitter. She was arrested for driving on a suspended license, no proof of insurance, no seatbelt, and expired tags and is still driving. We have been made aware that she does not have a valid driver's license and drives with the child in the car. She owes her ex-husband child support for over a year that she has never paid on. The child comes to our house complaining that Mommy is never home, that he is always with a "friend" or her boyfriend that she lives with now, and is always exhausted. She has not kept the same job for more than a few months and we believe her boyfriend is now paying most of her bills. Can we retain custody for lack of stability? I've been told we would have to prove her an unfit mother through proving the child is neglected or abused. Would asking child services to do a welfare check do us any good? ]]> Child Custody and Visitation abrandnewsong http://www.expertlaw.com/forums/showthread.php?t=159902