Results 1 to 5 of 5
  1. #1

    Default Father Giving Up Some Rights

    Hi,

    I previously posted a question about my childs father where a bad situation had taken place in his home. I filed papers to ask for supervised visitation. He didn't respond to the declaration, and when we attended mediation (required in CA) he advised the mediator visitation was a hassle and he wanted to give up physical custody but my child can call whenever. The child is 8 so this is going to be a life changing event.

    I have a couple of questions about this. First off, once he voluntarily gives up visitation how willing is the court going to be to give me sole legal custody? I don't think he should have the right to parent from the sidelines.

    Second, if he changes his mind 6 months down the road, how willing is the court going to be to allow him visitation again?

    Also, the mediator report lists some "standard" suggestions one being I need his permission to move out of the state. I love where I live but if, in the future, I am promoted I may have to move. How likely is the court to waive this based on the fact that he is voluntarily giving up his visitation?

    My last question is about child support. He works for the family and grossly under reports income. He declares about 21k income when he put 100k down on his 500k home, owns 3 luxury cars, dresses in armani only. His attorney managed to convince the court that paying for half of healthcare was a hardship and the amount of child support is minimal. I had an attorney who, in my opinion took my money and ran, and at the time she said there was nothing I could do. I am degreed and hold a certification in finance so I'm not looking for him to support me, but he should pay to support the child a little more adequately.

    I have recently heard about something called voc-recal or voc-rehab where the court will order a CPA or attorney to do a market analysis on what the parent's professional qualifications are and how much they could be earning if they were not accepting a lesser wage. Does anyone know about this?

    Any help would be appreciated. Like I said, I don't want his money helping me but more money to help pay for health insurance, sports, school clothes, etc would be nice.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Father Giving Up Some Rights

    If you want to try to get the court to impute a higher income, the court's apparenlty already having heard argument on income and rejected your contention, I suggest first consulting a (new) lawyer and enlisting that lawyer's assistance in investigating and proving a higher income.

    I am disinclined to attempt to prognosticate whether the court will grant you sole legal custody. If the father in fact doesn't visit, there would be little reason for the court to revisit the visitation order at a later date or to deny an out-of-state move.

  3. #3

    Default Re: Father Giving Up Some Rights

    Thanks for the advice. I would love to hire an attorney to help navigate the legal system but financially its not an option right now.

    My main concern is custody, if he comes into court and agrees to give up visitation I will ask for sole legal custody, as well as a few other things to protect my child.

    The child support is just an irritant. The court hasn't heard an argument since 2003, when I filed in 2007 it never went before the judge. I'll inquire about the voc-recal and hope the judge knows what I'm talking about.

    If anyone else has advice I would greatly appreciate it. If I had the money I would gladly pay an attorney to do this for me...It's a headache

    Thank you again.

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Father Giving Up Some Rights

    Unless the father's income was mentioned in your declaration regarding the supervised visitation - the Judge will not allow you to bring up the matter in court. You'd have to file more papers to have that addressed.

  5. #5

    Default Re: Father Giving Up Some Rights

    Thanks again. We go in this week and I'll ask for the sun and the moon and most likely be told to file new declarations or motions.

    Wish me luck! The quicker this is over the better

    1. Sponsored Links
       

Similar Threads

  1. Giving Up Rights
    By Azazel in forum Paternity Law
    Replies: 10
    Last Post: 10-29-2009, 04:42 AM
  2. Giving Up a Father's Parental Rights
    By Legal Help in forum Paternity Law
    Replies: 20
    Last Post: 06-25-2009, 03:21 PM
  3. Grandparents and Third Parties: Biological Father Giving Up Parental Rights and Step Father Adopting My Daughter
    By kuziifish in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 10-13-2008, 08:29 PM
  4. Replies: 1
    Last Post: 02-06-2008, 10:28 AM
  5. Giving a Child the Father's Name
    By 1sttimemom in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 10-16-2005, 06:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources