Ways the Court Can Dictate How Custody is Divided Between Parents
There are different types of child custody that can be granted by the court:
Physical Custody
Physical custody means that the child lives with you, at least part of the time. A parent with physical custody will be responsible for (and have the right to) see to the daily needs of the child, such as keeping him home from school when he’s sick and allowing him to go play with friends as well as the more major needs such as food, clothing and a safe place to sleep.
Legal Custody
Legal custody gives you the right to make the major decisions that will affect your child’s life. A few examples of these types of decisions re where they’ll go to school, what religion they’ll practice and authorization for medical care.
Joint vs. Sole Custody
Each of the custody types mentioned above (Physical and Legal) may be awarded jointly to both parents or solely, meaning only to one parent and each type of custody is addressed separately.
Joint physical custody, for example, allows the child to spend equal amounts of time with both parents, say a week with one parent and then a week with the other. You can, however, have a completely different arrangement and still have joint legal custody (both parents having the ability to make important decisions for the child)…the two custody concepts are ruled separately.
Even in cases of sole physical custody, many courts maintain the practice of awarding joint legal custody, allowing both parents to participate in decision-making processes. This requires the parents to communicate any concerns or desires about their child’s upbringing by maintaining a civil, cooperative relationship and work together as a team.
The main factor the courts consider is what will provide the most stability for the child. If the parents live close together and can both provide equally well, then a “back and forth” schedule may be a realistic possibility.
On the other hand, if the parents live farther away from one another, the court may rule that the child stay in one home during the school year and live with the other parent when school is not in session. Holidays, birthdays and other special occasions are also addressed during the negotiation process so that both parents have the opportunity to share in the child’s memorable milestones.
If sole physical custody is awarded to one parent, the other parent will likely receive visitation.
108 Comments
left the state with four year old in seperation from male partner and father to child – their is no legal paper work for custody. The father is verbally abusive and starting in low stages of physical violence to me. Now he states that he will find us and take my son. if he files in the original state will I and the child need to travel back if the situation is not safe. he also has passed history of all this from and exwife and child ( he has no custody of that child) I have also filed police reports on him to show his domestic issues.
A custody determination will be made by a court in the child’s home state. A child’s home state is where the child has lived for at least 6 months.
We have shared legal custody, but my ex and his parents purposefully exclude me from school information to make me look bad in court. I chase the information myself, but if you don’t know to look for something it can be very hard. Any legal way to correct this?
If you have joint legal custody you should inform the school of that in writing (attach a copy of the court order or agreement which provides that you share joint legal custody to your letter), and request that a copy of all correspondence, notices, flyers, letters, etc. be sent to you as well as your child’s father. Be sure to include all your contact information (address, phone number and e-mail.) The school is obligated to comply with your request. Keep a copy of the letter to the school in the event you will ever need to present it in court. You should also be participating in parent-teacher conferences.
I am in the process of initiating a divorce from my wife. We have 2 wonderful children ages9 and almost 11 years. We have been in this state for about 6 years. My wife hates it here and has intentions of leaving here as soon as she can. My greatest worry is that if she somehow gets full custody that she would be able to legally move across country with my babies. I have really tried to be a good husband and am an adoring father with no history of domestic violence or sexual abuse. Actually no criminal record what so ever. We have a home and land to divide and that doesn’t worry me. I can buy more land and build a home if need be. However, these boys are more important to me than anything on this earth. I desperately need to know whether or not she can take them from me.
Thank you very much,
Chester Martin
Custody laws vary from state to state, so you should look at the divorce laws in your state. However, in general the more custody/visitation you have the more difficult it will be for mother to obtain a court order that provides that she can move out of state with the children. If you are both good parents there is no reason why custody would not be 50/50. You should file a motion seeking joint physical and legal custody and be sure you have at least 50% custodial time.
we have a custody order that reads i have full physical custody, and joint legal custody with my sons father, we live in iowa. we have had issues with dhs, they are currently closing our case due to safety concerns no longer remaining. however my son is 4 yrs old and in preschool 4 days a week, our current order states he gets him wednesday from 5pm-Thurs @ 11:30 am, and every other weekend from friday @ 5-monday @ 11:30. My son gets picked up for school @ 11:30 and we currently do our visitation exchanges 10 miles away. my son always comes back dirty, irritable, hungry, and exhausted. I am in the process of getting the order modified, do you think i stand a chance for solely every other weekend.
I share joint custody of my 2 sons with my ex husband. We do this where the children live with me one week and with the father another week. Here’s the kicker I live in wv he lives in ky. I travel one and a half hours one way to get my children to school. I want to change it to where i am primary custodian again, but am not sure how to go about it. We have went to court since I moved but the judge says he see’s no wrong with the children having to travel at such a far distance. I want to overturn this but I don’t know how to go about it? any suggestions?
It is unlikely that you will be able to get an order which grants you primary custody if you and your ex spouse have been sharing custody. However, you can bring an action on family court requesting that the visitation schedule be modified based on the hardship on the children from the travel back and forth each week. For example, you can propose a visitation schedule where you have more of the time during the school year, but your ex spouse has more time during summer vacations and holidays.
I am about to be married. My daughter’s biological father has been in and out of her life for the last 8 years. Maybe he has seen her 15 times in 8 years of life. It is very hard to get in touch with him when I need him for certain things (like obtaining a passport). He has made it very clear that his priorities lie elsewhere. I would like to be the Sole Legal and Physical custody and then after getting married my fiance would like to adopte her…
She has known him as her father for the last 5 years. Please advise.
In order for your husband to adopt your daughter, biological father’s rights will have to be terminated. You should consult with the laws or a lawyer in your state to ascertain whether the facts in your case will qualify for a termination of rights.
Hi I have recently moved from maryland back to ny with my family due to a nasty break up. I have two kids with my ex one three months old,one six yrs old, we have been here for seven months and there dad has only come to see them twice he now wants to file for joint custody how do I now if this is joint legal custody or joint physical custody? Will a judge actually make us split kids up through the year that are so young? I breast feed our daughter what will that mean for her?
Once father files for joint custody you will be able to determine from the paperwork whether he is seeking joint legal custody, joint physical custody or both. When ordering a visitation schedule, the court will take into consideration the age of the children and the fact that you are still breast feeding will also be taken into consideration.
My husband has joint legal custody, but his daughter’s mother is not allowing him to be apart of the decision on where their daughter goes to school and her medical care. He has set up to get notified of all doctor appointment so he could attend, as she won’t tell him of the appointments, and now she is changing the appointments last minute, again so he cannot attend. Medical decisions are being made without him and without his consent. Is there something he can do? Is this contempt on her part because he has joint legal custody?
Your husband should file an action in the family law court informing the judge that mother has not been complying with the court order. If the court finds that mother is intentionally not following the order, the court may award legal custody to your husband.
I was awarded sole custody of both children in 2003. My ex lives in Florida and I reside here in NJ with both the children. Neither kids are to happy with their mom ( on their own accord) of course. Mom signed a declaration to the state of florida transfering the divorce to the state of NJ so she can collect her pro rata share of the escrow from the sale of the home. She has now claimed taxes for both kids screwing up my return, I have court ordered tax benefits for both the kids.Now shes threatining me with court. Am I correct to acknowledge that she has to visit NJ to file any claim that she has with me regarding the children?
Since the children primarily reside in New Jersey, New Jersey has jurisdiction over the custody matter.
I have a question on what exactly i have to do . My husband and I are worried that if something were to happen to us while our son was young and both of us were deseased what would happen to our son .. We thought about who we wanted to have take care of our son (my husbands sister) and she has exepted this role .. How do we legalize this on paper so there will be no questions asked if this time ever came. I do not want my sister in law to have a hard time with fighting laws or people for my son . I just want to know my son is in a great home even after we are gone. We think this is the best for our son and NEED to make sure that this is what would happen if we were in this kind of situation.
You may want to consult with an estate planning attorney who can help ensure that your intentions are reflected in a will or other estate planning document. There are also online services that provide these forms.
I am in a situation where my ex-husband and I have joint custody of my 7 year old son in GA. During the divorce, I had no money or job so I agree my son live with him. Out of 5 years my son has only lived with him for 1 year. I have lived at my ex-husbands house 2 different times with my son so that we could financially help each other. My son has sickle cell anemia and my ex has been collecting SSI for my son even when I wasn’t living there this last time and I didn’t know it. He gave none of it to my son. My son has gone to the same school for most of the time. Now that my ex has been giving me a hard time living at his house, I am going to move and take my son. He threatening that I can’t take him. It’s because he needs my son’s SSI money because he’s not working. I can’t prove that either. He doesn’t even spend any time with my son at home or never takes him to doctor’s appointments. I do everything for my son. How can I go about changing the custody situation that says my son is suppose to live with him because all this time, because my son only lives in his house if I’m there. My son doesn’t want to live with him or be around him. My ex also has been diagnosis with Bi-Polor and Manic Depression but does not take meds. What do I need to do.
You should file a motion to modify custody in the family law court in your county.
I have sole physical and sole legal custody of my child. Could I get my childs passport without having my childs father involved?
Yes, if you have sole legal custody you will be able to obtain a passport without the presence or consent of father. You must appear in person to apply for the passport and must bring a copy of the court order granting you sole legal custody.
Source: http://travel.state.gov/passport/get/minors/minors_834.html
My daughters’ father and I have joint custody, which I was told by the judge means that he has decision making rights…but I have physical custody of her. He has visitations Wednesday 6:30pm to Thursday 6:30pm and the last weekend of the month. We live in New York but my fiancé recently moved to Florida in to work with his father who has a family owed business. I would like to move as well bc i feel that the quality of living would be better for my daughter. How should I go about this in court? We just went through child support and he is upset bc he feels that the amount that he has to pay is too much ($200 a week). I have tried to be civil with him but he refuses to cooperate with me and all we do is fight. i had to take him to court bc he tried to violate the custody agreement by taking our daughter out of state without my knowledge. He is very disorganized and usually shows up to court very unprepared. Also would it work on my behalf that I have an order of protection against him for harassment? Thank you for your advice!
If you have joint physical custody of your child you would have to file a motion with the court requesting primary physical custody of your child before you could move to Florida with her.
I have joint custody with my son’s mother, her residence is the primary residence. In November she moved 2,000 miles away without our son, she gave me 30 days notice but refused to modify our parenting plan. I am now thinking about seeking sole custody and changing my residence to the primary residence and then devising a long distance parenting plan so our son can still see her. Do I have the right to seek sole custody for decision making? I would still want to consult her in major decisions (medical) but since it is difficult to get her signature, etc I would like to have sole custody so I can make decisions based on his current needs. What are my rights?
You should file a motion immediately requesting primary physical custody of your son. The longer you wait to file such a motion the less likely it may be granted.
Joint legal custody means that both parents must make decisions about the child’s health, safety and welfare, which includes medical decisions and decisions about education. If you want to make these type of decisions without input or consent of mother you will also have to request sole legal custody.
I have 50/50 legal custody of my children (in the state of Alaska) and they have a doctor that has been treating them since they were born.
I would like to continue to use that doctor, but their father does not. (He lives in a different state and the divorce was in Alaska)
He has written a letter revoking his consent for this doctor to continue caring for my children.
What are my legal rights?
Since there is an order which provides that you share legal custody with the father, father must participate in decisions about your child’s medical care. If you want the ability to make these types of decisions without father’s input, you should file a motion requesting sole legal custody.
I have sole custody of my daughters. My ex has been going through criminal proceedings for the sexual abuse of my daughter from a previous marriage (his step daughter). What do I legally have to communicate with him about? He threatens to take me to court if I don’t update him on “how are they doing”. I really don’t care to deal with him at all. He has not seen them for two years due to his probation status, but is getting ready to start supervised visits. Should I be worried if I don’t cooperate with his inquiries that he could get shared legal custody? What is he entitled to know from me? I’m really not concerned about the shared physical custody because I dont think any court would grant that after what he did to my older daughter.
I was just awarded full legal custody (becaues my x and I are incapable of making decisions together). My x was awarded physical custody on half the afternoons during the week including Wednesday afternoons which are 1/2 day every week and when most sports and after school activities happen.
Since I have full legal custody, can I enroll my son in activities on Wednesdays even though he is with his father?
Thanks.
No, you should not impede on father’s court ordered custodial time without father’s consent or a court order.
I live in the state of nj. The mother of my children who are twin boys 13 of age .. At my house and said she can’t handle them any more. I’m not sure of the custody rights… Years ago when they were 2 we had court orders joint custody. Since then she had had several dyfus cases opened on her and dyfus has taken them from her for drug use. They are living with me now for 3 months and ate very happy Jere with me. Thier mother rarely visits them. Gives me no money. What ate my rights I would lime to move to arazonia to a more quiet serene place for them cause they are emotionaly disturbed from her. And ate hyper active. I think the nice weather n surroundings would be good for them n the school systems are better. Also rent woild be alot cheaper I could provide them with a bigger place to live with thier own rooms. Right now they share one.. How woild I go about doing this… She currently has a dyfus case open on here . And they children have stated to dyfus abuse and neglect…. What can I do?
According to the information you have provided, it seems that there is a court order which provides that you have joint physical custody. In order to move to Arizona you will need to file a motion in the family law court requesting primary physical custody. Documented evidence of drug abuse and neglect by mother will be helpful in getting your request granted. You should try to obtain documentation from DYFUS that you can provide to the family law court.
I have Sole physical Custody and Shared Legal Custody. My child has been diagnosed with ADHD and needs treatment. Can I get the treatment without his consent?
Since you have joint legal custody, you will need to consult the other parent about medical decisions, including ADHD treatment.
My ex-husband and I share joint physical custody, where our young son lives with me for 1 week and him for 1 week. When we went to court he had a lawyer and I did not, however now my ex-husband is engaged to a woman who herself has had her own children taken from her for overdosing on pain medication trying to kill herself. My ex-husband works from 6 in the morning til 5:30 pm Monday thru Friday and she is the one in charge of caring for my young son. I am scared but can not afford a lawyer, please help with your advice.
My soon to be ex husband and I share joint legal custody of our two children. The children live with me and I have final decision making authority if we cannot agree.
Do I need to consult with my soon to be ex about things like talking with my childs teacher and asking the teacher questions regarding her education?
Do I need to consult with him on matters like after school preparation for a specific test? Even if the after school prep does not affect his visitation time?
My question is what is the definition of a “major decision”? My soon to be ex is basically contending that ANY decision whatsoever regarding the children must be discussed prior. “Hey EX – I cannot decide what color shoes to put our daughter in today..red or black…what do you think?” “Hey EX – our son would like to go outside and play…what do you think?”
This is what I am dealing with….please point me in the right direction.
I have sole custody in Texas. My divorce was granted in Texas. He has since moved to Oregon and has not paid child support in over a year. My questions are 1) I have to move to Louisiana for my new husbands work, can I do it without my ex’s permission 2) Since he is so out of the picture and is a convicted felon, can I have his rights taken away?
I live in California. I am divorced. I have sole custody of our 10 yr old son. Father has visitation. I am re married. We are moving to New Mexico, mainly for financial reasons. I informed my ex husband of the move 11/09. We are moving 6/10. Tried to communicate with ex husband to make arrangements for visitations in the summer and on school breaks, he will not agree to anything. Can I move with our son? Do I need a move away order? What will happen when I move “without his permission”?
My soon to be ex-husband left me and our daughter on July 4th, 2009 taking with him everything of value. He moved back to his home state. He then decided 10 days later that he should not have left. He got a really low paying job and a studio apartment, and moved back in September, 2009. When he came back he asked to see his daughter so we met at a mall. He argued with me to move in with him. I was not comfortable with that. He continued to argue with me while holding our daughter. I asked him to give me our daughter so that we could go home. He then proceeded to walk with our daughter towards the parking lot. I then grabbed my phone and told him that I was going to call 911. He forcebly tried to grab the phone from me while holding our daughter. The police came and told him he needed to leave. He proceeded to get into his car and drive away. He then parked his car on the other side of the parking lot and he ran for my car and drove away in it while the police were watching. He went to jail that night for three days and he plead guilty to absrtucting my call. I applied for a divorce and now he is asking for sole custody. I know that he is going to go to court and lie about me abusing our daughter. I have never abused her, but he likes to exaggerate and lie to get his way no matter how dumb it sounds. Could he win if he lies good enough? I have been her sole care provider.
I have sole legal and physical custody of my child. Do I need to go to court to relocate out of state?
I live in Ga, and my wife moved out and within a week fielded for divorce. I believe she is seeing someone. We have a 18 mouth old daughter. Before she was with me her last boyfriend would drink and get angry, and the one before that was a drug dealer. I have never done any thing to her and I am a very good father. The first night she was gone she let me have our daughter, and that hole weekend when our daughter has never slept without her mother. She did fine though she is a tough little girl. She is now getting hate full towards me and now will not talk to me about any thing. She has filled for sole custody and I want either full or joint physical custody. She is a good mom, but I think right now she is not thinking clear or whats best for our daughter. My daughter is my world and I am not going to just give her up. What are my chances of getting either sole or joint physical custody. I already get her every weekend all day Monday, and I get her half the day on Wednesday and I see here every day through the week. The only thing she can say about me is that I revealed to her after she left that I had looked at adult websites, when I was by myself at home. I have never even got a ticket or never smoked. I have only drunk something a couple of times, but I have not drunk any thing after the baby was born.
I am trying to get a passport for my daughter. my husband is in the army. my husband is not her father. i have custody of my daughter. but i am not sure which kind.the biological father refuses to sign a passport, but it may not be necessary. i just felt it was best to include him, though. my divorce and custody papers say that i have care, custody and control. but it doesnt say what kind of custody..does this mean i have sole custody? i have to have sole custody to obtain a passport without her father. and he only has visitation. it is set up every other weekend. but he doesnt usually get her but 2 days out of an entire month. please help me in what to do and what type of custody i have.
My question involves guardianship in the State of: Maryland
I’m just looking for some reassurance, my live in girlfriend’s ex is taking her to court over child custody (child will be 5yrs next month).
Basically, her divorce decree states joint legal, physical. Her ex never fullfilled his part, only picking him up 2 nights a week, and every other weekend. The two nights a week he picked him up from daycare he didn’t keep him overnight, only for a couple hrs. Many, many times he wouldn’t even take him on the weekends he was supposed to, or pick him up the nights he was supposed to.
Three months ago her ex moved out of state, 300 miles away, her ex has driven the 6hrs to pick the child up only once. Her and I, or her parents (they live in the same town as her ex) have taken the child the 6hrs to see his dad on approx 4-5 occasions in the past three months.
Now he has a lawyer and wants 1 week a month, and 8-10 weeks during the summer.
I don’t see how he can have him 1 week a month, the child is in pre-school and will be starting school next year. He is also currently involved in soccer on weekends. I also think 8-10 weeks is a little much in the summer as summer is only 12 weeks.
Also, according to him, we need to meet him 1/2 way, should we????? would the courts rule that????? She sometimes works weekends and a 6 hr. drive would really put a strain on us. He moved on his own will, how can we be required to meet him 1/2 way??????
My big question, should we be worrying ourselves over this?????????? Should she be fighting for sole custody, since the child has resided with her for probably 95% since they divorced 2 years ago.
Any help is greatly appreciated.
i have a two year old and right now he lives with his mom but im worried about his well being she smokes pot and has hardly any income and she hangs out with a child rapist i am currently filling for custody do you think with this information i will be granted custody
Hi. My daughter just turned 4 years old – I seperated from her father when she was 18 months old. I left a very mean, cold, controlling and verbally abusive man. I’ve been seeing therapists ever since to help me deal with that and to help me cope with co-parenting with him. (Not easy!) We have Joint Legal Custody. I am currently the Primary Caretaker but he has very liberal visitation weekly. We are constantly in court about one thing or another or dealing with lawyers about the most benign things. He insists on an exact 50-50 schedule for her and will not stop until/unless he gets that. I am no expert, but my life experience with him tells me that he has some sort of problem, ie. Narcissistic Personality Disorder or something like that. Without giving you the pages and pages and pages of reasons and examples…I will simply say that he is excessively controlling, unable to control his anger, and he truly doesn’t have the abilty to understand anyone else’s feelings or points of view. Any conversation about our daughter always comes back to “What’s in it for him.” Anyway….I truly do want what is best for my daughter. I do feel that she should have a full relationship with her father and spend a lot of time with him — but his demands of 50-50% worry me. In your experience with this type of a situation, what are your thoughts? Thanks.
My ex-husband and I have joint legal custody of our 2 boys, 6 & 10. We live 50 miles apart in Florida. My ex has primary residential custody while I have visitation every other weekend, plus 2 days a week (no overnights because of the distance and school). My ex does not take care of any medical / dental / vision / therapy / activities, or anything else for that matter, for the boys (my 10 year old is autistic and needs alot of therapy that he won’t provide for either. I pay child support. Now my son needs to be admitted to a long -term facility and my ex won’t approve that either…it is a nightmare). I want to petition the court one motion at at time – the ultimate goal is sole responsibility for dental, vision, medical, therapy, psychiatric, etc. (did I say that right?) The family court judge is easily frustrated and narrow focus seems to work better with him….lots of experience with this judge! Also, my ex’s attorney likes to complicate things in court ALOT and muddy the water with unnecessary issues that are not relevant at all, thus angering the judge more and losing me in the process with all the legalese and extraneous banter. I am pro se and need to write my first motion for sole responsibility for dental and vision for the minor children. What is this type of motion called? Any tips to keep this motion from going astray in the courtroom?
I have a question. Me and my sons father signed a custody agreement that i printed off the internet we had it notarized. Now how do i go about getting it legalized so that i can allow my son to visit his father without his father trying to keep my son from me? I have been having problems with him and his family about the visitation of our child for two months now because they have threatened to have my children taken away from me i felt that i should not let him take my child because we have no custody agreement that has been legalized and in the state of texas who ever has the child in their home the other parent can refuse to let the child go with the other parent. Please help..
I have a question about New Jersey law regarding physical and legal custody. The current order is that my ex and I share legal custody but she is the parent of primary residence. Now that the divorce is final, she wants to move our child in with her boyfriend of less than a year to a new shared residence. Is the fact that she is the parent of primary residence enough for her to say that she can decide where the child lives without my input or is this the life decision that we both should be making together?
If i could please get some advice i would appreciate it. I have had my 4 year old and was awarded sole legal and physical custody with no visitation allowances for her biological father, he does pay support. I allowed them to meet and spend some time together over a year ago he saw her 1 to 2 times a week for a couple weeks and then dropped from her life. Over a year later now he wants to see her again but has not petitioned the courts. We have moved on and my fiancee and I are discussing adoption but are unsure of how to approach the situation.I am wondering how difficult it will be to petition for him to terminate any rights he might have and move forward. thank you in advance.
My ex and I have joint legal custody but he purposely takes him to the doctor for no reason to rack up medical bills since I’m court ordered to pay a larger percentage due to my income from what my insurance doesn’t cover. Also, he’ll make appointments just for a reason to see me since I refuse to see him otherwise. Is it possible to go back to court and have the custody arrangement changed so he doesn’t have rights to take him to the doctor without me?
i have a question about my case, never married had a child was not involved with the father he took me to court and tried to get full custody anyway he had my sons name legally changed on the birth certificate and is now threatening me if i don’t use the name i don’t want to use the nmae i have sole physical custody . What are my rights?
My ex boyfriend and i have joint custody of our son who is one years old. im planning to move out state with my husband who is joining the Air Force which i think is a good idea and will benefit my son living and future. I have talk with my son’s father and seems like he will agree & sign legal documents. The problem is my son is too young to travel and i was thinking we should not set a definite travel plans til he gets older cause it would get very expensive & it would depend on my job schedule. But til then i would inform him about every doctor visit, every activity his son does, he can talk to his son& on webcam everyday. How can i convince him this plan would work and is the best?
well i just had a child support hearing on wednesday and my son was in my posestion and he took him now he is trying to say he has been with him the whole time and file for custody what do i do
HI I AM 19 YEARS OLD AND I HAVE 2 KIDS ONE IS 2 AND THE OTHER ONE IS 7 MONTH I HAVE BEEN LIVING WITH MY GIRLFRIEND SINCE OUR FIRST CHILD WAS BORN WE ARE NOT MARRIED I WAS TOLD THAT SINCE WE WERE NOT MARRIED AT THE TIME OF THE KIDS BIRTH SHE HAS SOLO CUSTODY OF THE KIDS, I WOULD LIKE TO KNOW HOW DO I GO ABOUT CHANGING THAT, SHE ALWAYS TELLS ME THAT SHE IS GONNA LEAVE AND NOT LET ME SEE THE KIDS BEFORE SHE DOES ANYTHING LIKE THAT I WANT TO HAVE SHARE CUSTODY OF THE KIDS BOTH LEGAL AND PHYSICAL I CANNOT IMAGINE MY LIFE LIVING AWAY FROM MY KIDS. I WOULD GREATLY APPRECIATE ANY HELP OR ORIENTATION I CAN RECEIVE REGARDING THIS MATTER. MY NAME IS IN BOTH OF THE BABIES BIRTH CERTIFICATE I SIGNED AT THE TIME OF BIRT.
THANKS
PEDRO PEREIRA
The fact that you are not married to mother will not prohibit you from seeking an order for custody/visitation. If you and mother ever cease living together, you should file a motion right away for custody/visitation in the county where you live.
I am a single mother of a 9year old boy. His father lives in Costa Rica. He has never been here to the states. I have traveled 2 times 1st time was for 8 weeks and he just left us alone to fend for ourselves. the 2nd time I brought him and he could not even bother to come see us. He is not on the birth certificate and now is threatning that he will take him from me. How do I go about filing for full sole and legal custody and do you know if his will be able to fight this from Costa Rica?
My son is 6 yrs old his father has only seen him once, i just recently finally got a court date for child support which he has never paid. Now he has filed for full custody, he lives in Ny while my son and I live in Al he told me he has a court date and I have to be there June 30 can he file for custody even though we do not live in NY?
He can file a motion for custody and/or visitation, but he should have filed it in the county where you and your son live. You should consult with a lawyer regarding the NY action.
I’m a step mom of to our 17 y.o. daughter. We have had physical custody since she was 8. Lots of problems with biological mom and with step daughter. Legal, physical, mentally and emotional. After protecting her all these years, at her own and law guardian’s request, from her biological mom, she ran away and settled at her biological moms. She ran away a couple times before because she was being punished for skippkng school, lying, no longer cooperative or following rules, abusive, physical, etc. but this time won’t come home. When, We found out she went to her biological mothers house, we tried to get her to come home and called the police. We tried convincing the bological mom to send her home but she won’t. Biological mom won’t bring her home and step daughter won’t come home on her own and the police have been useless as have the courts. we even filed a PINS and it was worthless. Our stepdaughter’s law guardian said she can stay with her mom as we have Joint Legal Custody, with us being the primary physical custodian, so she can stay with either parent. We are certain her biological mother only wants her for financial reasons as she hasn’t paid her share of expenses or much support over the years due to unemployment and medical issues. She has already been demanding money and we already agreed and settled at court an emergency support order. We have also recently found out that our step daughter is now engaged and may also be pregnant. She has not been to school and refuses to go. Her biological mother says she is enrolled in a GED program but we did not give permission for either. We have been told and recently have decided it’s best to not go to trial again to get her back because she is 17 and can decide herself. She won’t live where there are rules or consequences, self stated several times, won’t go to school and won’t work. We are going to court in two weeks to finalize custody issues. We are considering giving full custody/sole custody to the biological mother. The main reason for this is when she ran away the last time, we said she couldn’t come back unless she agreed to counselling and would take her medication to control her behavior. She refused and we let her stay with her maternal grandparents who quickly filed for custody. 4 months later, she wanted to come home so we went back to court and let her with the arrangement of counselling, medications and good behavior.: We were warned by the Law Guardian on two occasions, having joint custody means we have to take her back in our home and DSS would get involved if we refused to take her back. So even though she refused after she came home to live up to the agreement, then ran away, we are still legall obligated to take her back again if she changes her mind again. Our backs are against the wall. I have been fighting Cancer and it’s surgical, etc., aftermath for several years. I have been physically assaulted by my stepdaugther and we both know she shouldn’t come back. If we give biological mom sole custody will we be forced to take her back to live with us if she wants to come home. We are scared and no one has answers. We can’t afford a lawyer. There is a lot more to this story. Years of counselling, medication, court battles to protect our stepdaughter, yet the court let her stay with the one person who is responsible for the majority of her issues. What can we do to protect our step daugther and ourselves. What rights do we have. What will happen if we give up full/sole custody? Help us if you can.
my girlfriend is pregnant and she says that everything is up to her, all of the decisions about our child, if me or my family will be involved. i want to be involved as much as possible i know we are both young but i still want to be a big part of my childs life. and i want my child to meet my side of the family. but she doesnt want him or her to meet them she says it is her decission if they are involved or not, and she also says it is her decission if i am involved or not. it seems like she doenst want me to be apart of my childs life at all when he or she is born because i dont know how to do things like change a diaper, which i know i will need to learn but i will learn this she doesnt seem to believe that i will learn these things or doesnt seem to believe in me at all, and doesnt seem to support me when i support her as much as i can. im behind her with what ever she does. ive tried to see if she would at least listen to things i have to say but she doenst she refusses to listen to me even tho it is our child. im rambeling on but i guess all i was wondering is if has the right to do that and make all those decissions on her own about the baby, the family and my involvment on her own?
your best bet if she still refuses to allow you contact after the baby is born is go immediately to the courts and file for paternity test & custody. show your involved and want to be there and if you are serious get your life straight and ducks in a row.
You should file a motion in the family court in your county. Your motion should request visitation with the child.
How can I in the state of New Jersey get full custody or Primary Parent of my 4 month old son? I Don’t feel that his mother’s intentions are in the best interest of my son. I’m 23 with a full-time Job and she is younger then I with a part-time job. She has the WIC program and filled for food stamps the day before filling a complaint against me. I feel that Having to shell out so much and still be 100% responsible for him on my end isn’t in the best interest of my son. I’ll be unable to provide for him on my end and keep a roof over my head if I’m bled dry. I don’t want to lose my son…
My 6 year old neice lives with me in Florida I support her, take her to school and doctors appointments how do I get legal custody of her if both parents are willing to sign a custody agreement how would I go about getting this done?
I have full legal and physical custody of my 14 year old son. He went to court last year and said he was scared of his Dad and why (mental and emotional abuse with some to close for comfort physical situations). When the judge took away my ex’s time with him, my ex said he wanted to give up legal custody too. Now my ex is pushing to communicate with my son’s therapist while beginning to hassle my son via texts and emails. Does the therapist have to speak to my ex because he is a parent too?
I am a single mother of two young boys. (2 years and 8 months) my 8month old’s father is having a lawyer draw up an agreement so that we dont have to fight it out in court for custody.. i want to be able to leave the state with out his permission. do i need sole physical and sole legal or just one of them?
It would be best to have both sole legal and physical custody, but at the very least the agreement should reflect that you have sole physical custody.
My daughter is two months old she lives with her mother, she only allows me to see my daughter on her doctors visits and her WIC appointments. I tried to work out a schedule but she refuses to work with me. Can I ask the judge for Shared physical and legal Custody ?
My wife has sworn out a false police report in order to obtain a temporary order of protection along with that temporary custody has been awarded (I’m assuming out of erring on the side of caution or just in case). Now I’m the bad guy before we even get into a real custody case and custody is pre’established due to a lie. She wants to move to Va. when this is done where we came from 3 years ago, I want to stay. She started internet cybersex and our marriage quickly declined to the point where I am now. I have worked hard, but now I’m unemployed and looking like a bum now….a wife beater with no job. I have an attorney and haven’t gotten anywhere in 3 months time so far with all this pre hearing and nonsense that takes forever in the courts (No arrest, but still have not concluded this temporary issue yet). What is the likelihood of her obtaining custody to the point of being able to take my only child away from me. I’m 45 and this is my first child. What can I do to make this come back around to my favor as I have done nothing as she claims….I have a couple speeding ticket in the past 10 years, but nothing else period! I’m at a loss for being set up for the kill here!
This is an update: Due to the fact that we moved up here on the premise of her wanting to be an at home mother that she wasn’t afforded the opportunity of during her first marriage, this set the stage for what would eventually dictate what happened to me in the end. We moved here to upstate NY from VA beach into a very affordable home that I had 80% complete and used the proceeds from her condo to finish the remaining 20%. Now at home with a sub 300 dollar 15 year mortgage we could afford a 1 income lifestyle so she could be an at home mother like we both wanted. Life changed and she became bored and with my working longer distances and being away more frequently she grew bored and felt that I was inattentive to her needs. Cybersex followed and then I found out and everything went to hell and stayed there unfortunately. So this is the update. She filed her falsified report, gained the advantage on yet another level because I was already in a non-primary caregiver role by the courts definition which is a hands down losing situation when filing for primary custody……it ain’t happening unless I could show some serious neglect or other issues that she knew I could not. She knew what she was doing and set me up big time, but she failed on this level for the one person reading this out there in a unlikely similar situation….you could benefit. Because we were here for 3 years, routine had been established and the courts agreed. She has to remain in NY with my child and cannot move beyond 40 miles from the center of town anywhere else unless I agree or the courts are shown good cause. Yes I can. My problem is work up here……its extremely unstable in construction and my attorney tells me that I can work up to 6/8 months away out of state if need be……temporary is okay she says. I may test the waters soon if I can’t find work. I was awarded 3 weekends a month, 2 weeks during the summer, every other major holiday and anything else we can agree upon……….which right now is a big fat nothing. This was not a court ordered visitation, this is what I told her I would not settle for less, take me to court. She did not want her nude photos being shown for evidence is all I can think of or the added court costs of a trial. She is still hateful and I suspect alienation with my child as she was doing this prior to having me removed from the home. I’m paying 17% plus addons or 188.98 plus health insurance, 70% of all copays, I’m unemployed and she refuses to pay the mortgage that is in my name for the house she lives in so I have it forsale, but in the mean time I’m paying CS, mortgage, copays and this is out of 383 weekly unemployment. I have about 100 left after the whole month literaly…no rent money, no food, nothing……I’m at the mercy of my parents at 45. If your young and reading this, be glad you have alot of years once its over, I’m just starting at 45. This really sucks people when I did this for her and my daughter. Maybe one day I’ll see some way of understanding it all better. Good luck to all those out there seeking an answer as I did, there isn’t always one, I can tell you that!
My boyfriend and I have been together for 4 years and we have a 3 year old son. During this time he has been arrested twice for domestic violence and is currently on probation for it, he is also a heavy drinker and mj smoker. He is threating me that if i leave him i can not take our son with me. I want out of this realtionship but I dont leave cause I dont have any place to go and I am scared that If i leave he will try to hurt me or our son. What should I do. We live in Nashville TN
My fiance’s ex has custody over his daughter because she accused him of hitting her. Although the case was dimissed for lacking of evidence a restraint order was left on her and his daughter. My question is how to you go about requestion custody (joint if sole is not possible.) His daughter is constantly telling me about her mother not wanting to work and doesn’t spend time with her and doesn’t want to cook or play with her because she’s too busy looking for a boyfriend. She is made to look after her baby brother and would like to be with her father because he always made time for her. This breaks my heart, but my fiance doesn’t think he can get custody. We are in the middle off filling out the motion in order to request this. Any suggestions?
To Liz: I’m no attorney, but am hoping I hear back…..Your’s is similar to mine in that a lie was used to obtain initial custody which from what I am reading, once happens is nearly impossible to reverse as the judge likes to have the childs interest or home remain intact. Bad or good, they only look at things with blinders on. I have my R/O still in effect and I doubt it will change either or custody as she has positioned herself into a postion that looks like a saint before the courts eyes by working at the daycare where my daughter attends. You are fortunate that the children are coming of age where they can influence the courts on where they want to live. This is an avenue you should research. I am just beginning my ordeal with a bad mother painting a false image of herself. Its something I’ll unlikely win given her cunning and wit. Bad people do win unfortunately! Our society is the result of her kind!
My husband’s son is now living in Maine. My husband is military and the child was born out of wedlock while he was deployed and the army had DNA test done to prove it was his child. When he returned from deployment the child was living in Colorado and went to court there to do name change, bc name, and visitation rights and the court found him in neglect due to being deployed, and said that he’d had to be in states for a whole year before they’d allow it back in court. The child now lives in Maine and my husband as of March has been in the states for a year now, we live in Kentucky. The mother of the child will not allow us visitation, only phone calls when she wants to. Husband has paid child support since day one along with health insurance, life insurance and dental insurance on the child. He is 6 years old now. What do we need to do to be able to see the child? What is Maine’s laws and statues on this situation?
My wife and I are getting a divorce and we have a 16 month old boy. I’m requesting joint physcial custody and my wife is requesting sole physical custoday and would only allow me to see him for 3 hours 3 days a week. What are my chances of getting joint physcial custody of my 16 mth old son? I’m no Psychologist, what would be the best arrangement for our son? What would a judge order for a 16month old?
I live in CA. I have a 15 year old son. His father and I split when he was 3 and we remained good friends. We had joint custody and made decisions together well. 3 years ago, my son and his father had an argument and my ex kicked him out. My son came to live with me full time. I waited a year to see if things would work out but they did not. My ex and I agreed to me having full legal and physical custody and that he and our son could work out whatever visitation they wanted. While my ex and my son are now friends, they do not wish to be “father and son” While we had joint custody, we used my ex’s address for school as it was in a good district, our son had lots of friends there and my office was in the school boundary line so it just made good sense. Now that I have full custody, the school district is requiring me to do an interdistrict transfer. I applied for the transfer and while I was granted enrollment in the district, he was approved for a different school that is clear across town. This will prevent my son from being with his friends, having adequate transportation (since the school is not near my work) and it will be harder for he and his father to continue working on their relationship. If we modified our custody agreement through the court to include verbiage that the non custodial parents address should be used for school residency, will the school have to honor it?
I have a question.
I have sole legal custody, and joint physical custody of my child in Arizona. I am moving to the east coast in two weeks. The ex and I have been working on a written agreement where we could both come to a decision, except today he told me that I would have to drop any arrears (~$10,000), or he would not sign the paper, hoping to blackmail me!
I read in the Arizona statutes that if I have sole legal custody I can move, “temporarily” as long as he has a certified letter of my intent to do so.
I am confused on my custody though, since I have sole legal and joint physical. What is the difference?
Our order is for him to have our child on weekends, no overnights, and he rarely picks her up more than twice a month, doesn’t keep the child for longer than a few hours at a time (instead of the allotted 12 hours), and pays less than 1/3rd of his Court Ordered support, and he refuses to give me his address for this letter to be sent.
What, if anything, do I need to file in order to keep this deadbeat from barring our move?
I have a question me & my wife just got married. My wife and her mom have joint legal & physical custody of my wife’s daughter. I’m not the biological father but I’ve been there since she was born. Can I adopt her with if my wife wants me to even her motther doesn’t want me to?
EB1212……you had better think long and hard as much as you think your marriage may last and it very well could. When you adopt a child, you will pay child support should things go south in the marriage. Before you can adopt though, the paternal father has to consent fully to relinquishing his rights to the child. Better think long and hard about this! The honeymoon ain’t even over yet! You can still be a “fatherly figure” and play the same important role without doing this, there is very little advantage to such a step you’re trying to take. I myself was presented the same scenario on my first marriage. Well, I’m in the midst of divorce #2 now. Think about it, you have the rest of her life to adopt her! Give it a five years and see if things aren’t a little more established……….listen to me, I’m telling you the truth dude!
I have sole legal and physical custody of my daughter. There is no stipulation in our divorce decree, saying that I can’t move, out of county, out of state. I have given my ex-husband 45 days notice that I will be moving to NM with my 2 older children from a previous marriage and our child that we had together. He is filed an emergency petition to get custody of our daughter as well as relief, how can the court allow this? What will the court do?
My husband and I recently separated on June 1, 2010. He’s having an affair with his old friend who lives in LA. We married in my country, Jakarta, Indonesia.
Now I live in Maryland for almost 3.5 years. I have been married for 12 years last month February. I have two children aged 11 years and 10 years.
I wanted to ask you as follows :
1. Does the joint account is still there even though we have separated? because my husband still want my salary every month into the joint account. I can not accept it.
2. Me and my kids just as dependent in my husband tax payments. But every tax return that he received, he never tells me. Everytime I asked him, he told me “Because he said it was my money”. But he enter my name and the children as dependent, in which he will be relief in the payment of that tax. Do I as a wife and children were entitled to tax refund even though as a dependent?
3. Am I entitled to pension from my husband, because I have been married more than 10 years?
4. Is there a draft separation agreement that I can take as an example, because it was all very new to me.
5. What is the procedure that should apply for Child Support, whether the child support paid on time for both parents began to be physically separated? or child support paid on time there is a decision for divorce is final?
My husband wants us to share legal custody and shared physical custody of the children, but he told me that she would move to LA in October 2010.
Now we’re trying to make seperation agreement, but he always changed his mind about something that we agreed earlier. Two months ago he asked me to return to my country, Indonesia and allowed to bring my children home, and we agree to send the kids to international school, and I can continue my work in Indonesia. But a month later, my husband changed his mind. He did not allow me to go home to my country with my children. He asked me to choose one between two children which I will take it back to Indonesia. I told him I could not separate my children and what exactly you want from me.
My husband does not want us to go to court, but I am worried because he always changed his mind. I am afraid that if he changed his mind again and our agreement will not be quickly finished and I was tired with all this.
What should I do?
At the time we are still separate rooms, but we’re still in one house. My husband had three times gone to LA to meet his girlfriend. And he admitted that he had slept with the woman.
At the time my husband went to LA he did not tell me and the kids. My daughter asked her father, and I do not know where her father left. My daughter called her grandmother and asked about her father, then she wants her grandmother to call her father, because we’ve tried to call my Husband but no answers.
We live in Maryland. Which according to Maryland law the seperation is that if one’s husband or wife is not physically stay longer in one house. But my husband still go back and live in our house after coming home from LA. This happened before my husband was moving out of the house physically on the date of June 1, 2010.
I wanted to ask is;
1. Do you think what he did to my children and me could be called neglected his family ?
2. Is my husband entitled to Share Legal Custody and shared physical custody, after what he has done above? because my husband did not want to go to court. And he told me that in October he’ll be moving to LA.
Thank you,
If I have joint legal custody and full physical custody, what am I required by law to notify my ex of? He is under the impression I need to notify him of every day to day activities, where we go, what we do, and that he has a say in them and even when my kids have sleepovers at their friends house. I notify him of school stuff, dr appointments, sports activites, anything that is drastic to them. And not to mention when he does have them for his visitation time he hardly has them they are with his parents or they are returned after few hours at a time and rarely if ever stay the night.
my ex and I have 2 boys ages 9 and 5. I have joint legal custody but she has sole physical custody. My boys come to my house every friday night and go back to there mothers house on sunday nights. My ex informed me that she will be moving 4 hrs away but in the same state (Minnesota) that we currently live in. Is it her right to do this? Also we have been divorced for over 3 years now and the youngest boy is starting school this year. What are my chances of getting more of a 50/50 split in parenting time? I am a great father with no criminal record and never ever any history of abuse or anything of that matter.
My 10 month old son’s father informed me that he wants to file for joint custody when my son turns 1. I am currently recieving child support & we do have a visitation order. We live in NJ, although diffrent counties. How would the custody change affect my rights to our son? Would he basically only get more visitations? We do currently have a big fight about long vs short hair. Would I lose the right to make even that discision? What happens when we are deadlocked on ANY particular issue?
I live in New Mexico, my ex is currently residing in Georgia. We have together a 16yr-old and 11yr-old, both daughters. We have joint custody – where I am listed in the Parenting Plan as the “Primary Physical Custodian”. According to the parenting plan, he has a right to 8weeks visitation each summer. In 2008 my ex separated with his then girlfriend and moved home to Georgia. Since that time, he has failed to pay child support, as well as keep a job. He is currently living with his mother and 6 other family members in a three-bedroom home. Despite my fears of allowing my 16yr-old to visit – I permitted her to go. Within 24hrs of her arriving in Georgia, I was told she would not be returning. Both my daughter and my husband have told me that she is 16-years-old and has a right to make that decision on her own. He has since registered her for school and insists that he will not put her on the plane if she refuses to go.
After discussing this with the parent coordinator, I am even more discouraged that my daughter will return home. The parent coordinator told me that I should allow her to stay and “try it out” and that I may be better off knowing what the issues would be if I “forced” her to come home.
I have been told to file a motion for full custody. I don’t want full custody – I want my children to know their father. What can I do to make sure my daughter gets on that plane?
HI, I have joint legal custody with ex husband. Currently due to unemployment and losing home I have an opprotuinty to move out of the state of New Jersey and back home to Virginia. This way I can get my life back on track and be a better mom for the children I’m just afraid of ex filing for sole custody while I’m trying to get life togther for the children. What needs to be done on my behalf to make sure this doesnt happen and they can come visit me without any problems from him.
I have sole legal AND physical custody of two children ages 7 and 11 in MN. I want to move to CA. It is last minute and I’d have to move in a few weeks. Their dad has seen them twice in the past two years and he has never exercised his supervised visitation rights since we have been divorced 4 yrs ago. Do I have to notify him if I move? Do I need permission from the court?
I live in NY and I have joint custody and share placement of my 6 month son. His mother get $400 a month from me for support. She also is getting SSI cause his heart surgery. She also gets WIC. I dont get any thing. I been there from day one and always will be. She cheated on me with a convicted fellon and even admittied in court he was for dwi and cocain sales. SSI will not give me any info how much she is getting and I dont get any of it. How is this fair and possible. She also quit her job cause she don’t need to work any more from all the free income from me and my son. Please help me with some advise.
We all need to keep complaing to our goverment ………………not saying a word and doing nothing about it, this will keep going on. Write senators and congress. Keep the word out and bother them. There is a growing problem in the united state on famiy and only our childern are going to be effected on it all. There is no more a word called FAMILY its MONEY now……. How can i make money and thats it………..we need to ge the word out…
My husband and I have Joint legal and physical custody of his four year old son. We get visitation with him every other weekend from 6pm on fridays till 6pm on sundays and every tuesday nights from 6pm till wendsday nights at 6pm. We also get him the first two weeks of the summer months being June, July, and August. His mother has just informed us that she has enrolled him into preschool and that we are responsible for taking him when he is in our care. This will be taking alot of our time away from him and we hear that since no child is required to go to preschool its our decision whether for him to attend during or time…is this true? What should we do about the situation?
I live in Maine and have shared parental rights and responsibilities of my daughter. Last year I went to court to modify our previous order because I moved a few towns from my previous address. I originally had my daughter M-F during the school year and her mother had her on 3 out of 4 weekends F after school until M morning. During the summer the schedule changed to one week at a time with each parent…My order was for my daughter to attend the school in the town that I live in since I had her during the school year. After a stressful mediation, in which the mother wanted Full Custody I finally agreed that the mother could have our daughter M-F during the school year. The summer would remain the same. The mother quickly agreed.
Now I find that the mother is now has moved and is living in another town altogether. I was not informed as to her relocation…which is stated in our order that I am supposed to be informed. Also, my daughter is still enrolled in the old school in the town that neither parent lives in. Which means that tuition would have to come into the picture. None of this was mentioned to me by the mother. Last years arrangement in court to keep the child in the same school was meant for stablilty as per the mother. So that is why I agreed. Now I find that the mother has moved without any notification and is now lying by withholding information from the school, me and the court. What can I do to address this issue?
My question is it possible that i can obtain sole custody of my daughter if her father and I were never married.. we lived together for 2 yrs…he was present at the birth and his name is on her birth certificate… i have printed a custody agreeement which states i will have sole legal and physical custody, he will have visitation rights and will pay a reasonable amount for child support but im wondering if we can legalize that and how.
I have both physical and legal custody of my son and his father has court ordered visitations. The problem is that he has never followed the visitations orders and doesn’t really see his son. What was agreed upon durong mediation is also not being complied to by the father. At this time I am wanting to relocate from CA to TX do to financial difficulties. Since the father does not have a stable place to live nor a job I have been unable to get him served for child support. My case for that has been opened for over a year. He does not provide any support for our son. What is my right as the custodial parent to relocate? Thank you for any information.
we have 2 children with joint legal custody and their father having primary physical custody. he moves them to his mothers house if they get into any trouble without telling me about the problems. and he doesnt allow them to see me or talk to me whenever he pleases. he is a physically and mentally abusive man he has been convicted of domestic violence upon me and also has violated a restraining order with a violent act when we parted almost 12 years ago. hes now begun to treat my children bad. my 15 year old daughter has been kicked out of her middle school district a year ago for fighting a few times. this year was charged with gang affiliation along with getting kicked out of her high school district. he sent her to her grandmothers without telling me anything as usual,and then doesnt allow her to call me.she always has to sneak calls to me. i am very concerned regarding her legal issues , because when he takes her to court he always pays the fine–NOT FOR HER BENEFIT in any way! for his because he does not want to deal with court or any law enforcement…in the meanwhile she is not learning about the consequences of her actions–VERY IMPORTANT LESSONS IN LIFE. he also contributes to the gang lifestyle.i must mention that my son was moved to his grandmothers a few months back ass well without any notice or discussion—because he was put on the local police database for TAGGING—so yes, no learning lesson for him either–he shipped him off and put him on homeschooling. also my daughter is currently a runaway for about 1month now–NOT because she wants to party and have a great time, but because she wants to be with me.i have been in contact with her almost daily,thank God! so please help– how can i gain control of this situation and help my children while there is still a chance?
My exhusband and I have joint legal care and he has primary physical care. He recently deployed to Iraq and wants to leave the children with his parents. Do his parents have legal ground to keep the kids away from me or am I able to keep my children in my care for the duration of the deployment? He doesnt want me to have primary care and wants his parents to have it. what are the consequences if I do not return the kids to his parents after my scheduled visitation? He is currently out of the state and will not return for at least a year.
what if you are awarded sole custody and the other parent already has a child support order against him and he is in the rears on support will the judge grant him the right to claim one of the kids on his taxes even though he is in the rears a couple of thousand?
I have a 5 ur old son he’s father and I have been divorced for about 3 yrs he has visitation every other weekend. He doesn’t pay he’s child support only when it’s convenient for him and it’s alway less then what he is suppose to pay he can’t keep a job and he’s jobless for a good couple months before look for another. I have suspected him of doing drugs while our son is around him my son has said something to me about this and he is always around differnet girls and sleeping at different houses on the weekends he has our son. He lies to me consistently. Is there anything I can do to protect my son from him or have him do supervised visitations with him? If so is there away to do this with a lawyer?
The father of my two minor children has left the state where we reside once again. I have to turn myself into the courts to serve time on a misdemeanor DUI charge for about 20 days. I want to leave the children with my sister as this is who we live with. My son is in school and I do not want to unroot him or my daughter again. What can I do to prevent my ex from taking my children while I am away? We are not married.
My brother is undergoing some legal matters with the mother of his children and has currently been put on a restraining order along with the family (my dad and myself), a court hearing is set for next week and as the aunt, if he loses visitation rights and custody rights, will I still be able to see my niece and 2 nephews? If so, how do I go about getting these visitation rights for me only? Please help, I have been supported and have provided for them when they had no one or nothing and now because of the conflict between my brother (the father) and his girlfriend (the mother), my dad and me are being penalized for it.
I live in Michigan and I have sole physical coustody of my daughter but also share joint legal custody with her father.He has warrants out for his arrest an he also has a durg problem. He don’t pay child support and he hardly sees her. Is there anything i can do? Is there a way to prove him unfit? I have tried to get a show cause hearing but when the last one was sent he did not live at the address they had on file now he lives there again but I was told by Friend of the court they could not send one cause he has not changed his address with the post office.
Me and my sons father were never married, he doesnt have a job. He wants to see him but i havent gone to court yet for child support or for visitations.
I’m reading all these ?’s and comments and I am a bit worried. My ex and I have a daughter. He has her once a week and every other weekend. The decree still says “joint custody” per his request. Our daughter has had to go to the Dr. on several occasions that were quite serious. My ex tells me “no” everytime I need to take her to seek medical care. I have taken her without his consent and frankly I am scared for her to be with him because he will not seek medical attention for her if she needs it. He has refused to give me any insurance info. She has had surgery, she has migraines that are so bad she ends up in the ER from dehydration due to vomiting. My ex refuses to pay his part of medical because I didn’t ask him if it was okay to seek care for her. As a Mother, I feel if I need to seek medical attention for her I should do so for her safety. It sounds like I am wrong after reading other peoples stories. What should I do? One example: Our child was seen 3 times for a mole on her back. She was 11. she is 12 now. I had 3 Doctors tell me they were concerned and it needed to be removed. I did just that. My ex refuses to pay. I would think that if 3 Doctors tell me to remove it, then I should. My ex thinks I was wrong. Since I take her to the Dr. I am considered the “responsible party.” Is there any hope for me?? Can a Dr’s request justify my attempts to seek medical help for our daughter?
SM: You have good right for concern and when it comes to medical you have an equal right to care and if she’s going to an ER you have clear right to be notified and attend. Sounds like you need to get an attorney as much as it may sound costly, do it! You can’t afford to play around with life threatening situations and the judge will make it clear to him that he needs to cooperate and joint custody involves a parent willing to take care of their child properly! GET your ASS TO THE ATTORNEY! my .02
I have a custody order that’s been set for the past four years, I am now moving 22 miles close to my son dad and he and his wife want to take me to court for the 3rd time to get shared custody. and split our son up. He is now 10 years old. I dont agree to any changes as our son has never lived with him. Will a judge change this order?