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Child Custody Q&a

September 24th, 2011

PSYCHOLOGISTS’ CHILD CUSTODY STRATEGIES
By World Famous Ph.D. Custody Experts-1200+ Pages-The Biggest And The Best For 7 Years!

…My family financiallly supported the child for 12 years , but I didn’t. Can I sue for custody. I am married and have… emotionally invested in the child – do you see it as your son/daughter? More…they see you as their father? Why do you want custody now anyway? Sorry once again I have more…

…or fight about the visitations and custody rights. If we have a typed… exposure when dealing with custody of a child the only thing that ever matters…

child support would the father still have to pay even after abdicating, and would the father still have the right to see the child. up his parental rights to the child then he has no rights as…

…old together and expecting our third child now. We seperated in 2007 for 3 months…

…and got my child. I got …I want is my child what do I do????? … Sounds he is playing with your motion… you have to stop him by not showing any reaction…

Who is responsible for the transportation? The mother or the father? My son lives with me, He goes with… You should drop the child off, than he does the same thing on Sunday, or you…

He is probably going to be there a long time…and he is a total peice of sh*t… has a big… Depends on where you are. In California 2k to 5k sounds about right.

There is allegation of abuse and my child is 15 years old. We have… It honestly depends on how long it last. Most of the time the initial consultation is free. This is…

I am about to get custody of my kids during the school year…it up so that he doesn’t have to pay me child support. How many days are…

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It was 14, what is it now? And will the fact that my husband is on probation have any factor?

Can a relative with permanent custody adopt the child? … if the parents give up their parental rights

… going to try to fight us for custody when he turns 12. Any advice for me… you up, treat it as non-chalant as what a child craves more then anything is…

My situation is I have a daughter and the father has been violating the order for quite… good then go back in and file a custody dispute. If you can prove your good then you…

…every Wed. I feel like I’m sharing custody with them and not my son’s dad…to be there during his visitation that the child remain with me. Is this possible? Any… It’s the “or” in the court document that allows him to do this without your having a choice in the matter. Since…

I can not afford a attorney. Can I represent myself? Does anyone know of any sites where I can do my own research… can bleed you dry with state enforced child support, but the state won’t life a…

…27yrs old) She is collecting child support and welfare. Is there something…know about this and he can fight for full custody?! please help! living off of welfare and child support. If the house she lives in…

…old boy as result.Have 2 take father 2 court 4 child support because he refused to pay a… Start with supervised visitation and see how it goes, if it is an issue, then move for no visitation…

…with his county to petition the court for joint custody-so that she can live with him and i … What really matters, its that you two be able to give to your daughter the best conditions, so that she may…

… seeking to modify the current custody of my daughter to be changed to her… Custody? It’s a form of access or custody where the children stay in the former family residence and…

…w/ kids. We have shared custody and volunteered child support from him. He is no … the OCSE typically will not represent you in a custody fight. They only handle the child support aspect. I’d find a local attorney and…

…this changed to full legal and physical custody as I have evidence he is using… like? Some men will sign over custody without a court battle if they know they…will fight the hardest for your children. I found out the hard way…

after adoption procedures … The Biological mother or father (if he is known) have only 6 month’s to change their mind’s(1 yr max in some…

She wants to move to Pennsylvania from Arizona. Can she leave with their child. to maintain residence in a certain state. Your custody order will have to be revised so that you can perhaps get the child longer for summer, christmas and such…

…prove it, and therefore he can petition to drop child support all together *He only pays for… mentioned in our divorce and custody agreement. Can he do that? Get a court to require…

…the couple get divorced and the children are both say 5 years old… Yeah that’s what they say in Islam. I think the reasoning is something to do with the mother not being…

…Stepmother have to be watching the children instead of my girlfriend, the Biological Mother… the father be gone? Does the child custody agreement have a “right of first refusal” in…

… Contact the British Embassy and stay in contact with the Children. They need to know you care.

… and my mother received full custody of both me and my sister. Fast-forward ten…to do this — he’s never missed a child support check and has gone… factor considered by the court to be relevant to a particular child custody dispute …

More Child Custody FAQ please visit : http://www.morefaq.com/reference/child-custody/

morefaq.com

Child Custody Faq

September 23rd, 2011

More Child Custody FAQ please visit : http://www.morefaq.com/reference/child-custody/

… on a child’s birth certificate. The child is not mine and the recruiter said I can do a custody waiver. How hard is this to do and… i would talk to the recruiter and show the divorce papers to him…because in some states your name…

…court to decrease visitation time and increase child support and I cannot afford and attorney which is ,500.00 to take a custody battle. Will the court supply an attorney for…

…nationally, or in Alabama is it alright for a child to move out of one parent’s house in to another… If so, then no, he can’t enforce the original custody agreement if there is one after it legally…

… Katherine. She is rightly stated on the will, media just stirs things up to put Debbie…

…what do you think about a man getting custody of your child. i mean yall carried the baby inside… of men that could raise their child better than their crazy “baby’s momma…

What is the best answer when allegations of drug use are made in a court room? (only… okay….this is damage control. stop smoking now. enter an outpatient drug redhab program before the…

Keven Federline or Brittney Spears? … Kevin Federline.

… they wouldn’t help us. So if I apply for custody would they grant it to me? have helped you. Call Child Protective Services and notify …by the grandparents. You have custody and don’t need to file for it. But if you…

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he wants to pick the children up for his visitation and if you don’t…

… give custody of my daughter to him… give custody to him. Should… downright strange. You would have to pry my child out of my dead & lifeless fingers. You…

…Well now that we are at the point for custody, he wants joint custody. I don’t feel… you said he hasnt put out any for his Child and he still wants to see her. it…

…m mother of 3 have to go to trial for custody early next year. The kids live with… Well honestly as long as your not doing anything wrong most states go with rights to mother. I…

…ex and myself have had joint custody of our three children for over a year now, and aside from…

has jurisdiction over child custody, regardless of where the children…

can illegal give custody with simple document to an American of no relation to the child … Both parents will have to decide that ..

…have to file for divorce before she can fight for custody of the children? not married doesn’t play a part in child custody or child support. She can file for custody like…

… and have 2 children. we are…him support the children? Can I ask for… If he has a German wife, then he is breaking the law by being married to both…

I am going to meet a Lawyer and I would like to know what all I should take with me. Thank… Sunday school. Pictures of you and child doing things. Also anything…parent. Sometimes it can get very dirty in a custody battle, so any dirt could come in handy…

I am going to meet a Lawyer and I would like to know what all I should take with me. Thank… activity. document phone calls, take any child support reciepts. any letters that you…

So if I enlist right and give up custody of my child how soon can I get custody back? Can… to wait at least 4 years to regain custody of your child. If you enlist for 6 years, you have…

… in front of me. First, do I seek custody from the grandparents? As many of… in school and cant afford to take care of a child, regardless of what your parents …

…get a illegal alien pregnaunt, can I get full custody from her so I can put the child up for adoption to avoid child support ? aren’t removed from their mother’s custody over immigration status. And you can’t put a child up for adoption without the other parent’s consent…

… and is fighting for custody of their child against their husband, does the medication… always look at the best interest of the children. Unless her condition poses a danger…

Would they be willing to give up their jobs to care for them? If not, would… give up his job to stay at home with his child if he could get custody. I also know several men who complain…

… ago whlile unemployed, my children were aken out of my… Try going to the following link: http://www.fightcps.com

morefaq.com

Know How to Get Child Visitation Rights

September 22nd, 2011

In most divorce proceedings, one parent is given custody (custodial) while the other parent is given visitation rights (non-custodial. During the final divorce agreement, a visitation schedule is usually prepared.

 Normally a divorce would not keep a parent from never seeing their child. In fact, today there are many options available in planning a visitation arrangement that works for both the parents and the child. The non-custodial parent is usually guaranteed visitation rights unless the courts have ruled otherwise.

By allowing child visitation rights, the courts are granting the parents an opportunity to continue developing a healthy relationship with their children.  Should a change be needed involving the visitation schedule, it can be accomplished using a court order. A major change in circumstances is an example of a change to the schedule.

 Should the two parents fail to reach an agreement on how they should share the time with their children, then the courts may be forced to decide on a visitation schedule. If the courts determine a schedule, they will be the ones who determine the times and places allowed for the visitation. Should the courts intervene, they could also decide to grant sole custody to one parent and block visitation to the other parent. This could occur if the court determines the child would be seriously endangered visiting with the non-custodial parent.

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However, most courts prefer child development using access to both parents so the courts rarely prohibit visitation. But, the court may impose certain restrictions on child visitations such as requiring the visitation to be supervised by a third-party, or even require that it occur at a particular time and location.

Keeping the visitation schedule on track is very important if you are the non-custodial parent. To help insure your child visitation rights continue, please review the following steps.

Sometimes the courts will step in and decide that the visitation transfers should occur at a unique time and location; otherwise, the parents will be able to decide what works best for them and their children. The parents should always try to be on time. I do not know of anyone who likes to be delayed. Scheduled events may have already been planned. So do not delay the visitation transfer.

You should plan early regarding the holiday visitation schedule. Be fair but be flexible as it seems these schedules get altered each year. Be especially observant of holidays such as Mothers Day and Fathers Day. These have special meaning for both the parents and the child. Also be flexible with the Thanksgiving and Christmas vacation and holidays schedules. Parents will usually have to share the children more during these holidays. When the kids are out of school for an extended period of time (like for spring breaks and summer vacations), it makes sense to allow for more time with them.

You as a parent should put the interest of your child ahead of your own. Children want to have a close and loving relationship with their parents but a divorce makes it is very challenging to maintain such a relationship. Your most important task should be to keep the visitations interesting, enjoyable and mostly for the benefit of your child.

Learn more about getting: Child Visitation Rights

Get additional information on: Child Custody Visitation

Rudy Wilson is a researcher and an author. Visit his web site at http://www.UninsurableHealthSolution.com to view more information on finding affordable health care for the uninsured, the underinsured and the uninsurable.

California Family Law Child Visitation Grandparent Change Circumstances Best Interest Married Family Unit Termination Stepparent Adoption Lawyers

September 21st, 2011

RACHEL LOPEZ et al., Plaintiffs and Respondents, v. ELIZABETH MARTINEZ, Defendant and Appellant.
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN

Appellant had a child by a man who left her upon learning of her pregnancy. She moved into respondents’ home, where she lived and the child was raised, until she married her current husband. She declined to allow respondents to see the child, so they petitioned for visitation under Cal. Fam. Code § 3104, allowing such a petition where the whereabouts of the child’s father was unknown. A visitation order was entered. Appellant’s husband adopted the child, and appellant moved for termination of the visitation order, on the grounds that the respondents no longer had standing to seek visitation, since the child now had a legal father with whom he resided, along with appellant. The trial court denied the motion, and appellant sought review.

ISSUES:

Whether adoption was a “change of circumstances” as intended by the Legislature to mandate automatic termination of visitation upon parental request?

DISCUSSION:

The Family Code does not confer standing upon grandparents to file a petition for visitation while a minor child’s natural or adoptive parents are married, unless certain circumstances exist. Pertinent to this case, grandparents have standing when the parents are married but “currently living separately and apart on a permanent or indefinite basis” or “[o]ne of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse.” (§ 3104, subd. (b)(1), (2)) If a court grants grandparental visitation pursuant to one of these circumstances and “a change of circumstances occurs such that none of these circumstances exist, the parent or parents may move the court to terminate grandparental visitation and the court shall grant the termination.”  Appellant does not dispute the Lopezes had standing under the statute to file their initial visitation petition. However, she argues Hector’s adoption of Daniel constituted a change of circumstances because Hector became Daniel’s legal father, and because Daniel was living together as a family unit with his married parents, the statutory prerequisite for court-ordered visitation was no longer satisfied.  In 1993, the Legislature repealed Civil Code section 4351.5 subdivision (b), which gave grandparents standing to petition for visitation rights by joining in any custody proceeding between the parents, and replaced it with Family Code section 3103, subdivision (a) without substantive change. The Legislature also added Family Code section 3104 so grandparents were not limited to petition for visitation only in the context of a marital action between the child’s parents.  Prior to the 1993 amendments to the Family Code, the court held adoption did not automatically terminate previously granted grandparental visitation rights where the adoption did not work any major change in the child’s living arrangement from what they were when visitation was granted. The trial court in this case reasoned in order to change case law, the Legislature would have had to specifically enumerate adoption by a stepparent as a change of circumstances. The Court disagreed. The Trial Court presumed that the Legislature knew of the existing case law when enacting section 3104.  However, no statute can ever individually address every possible scenario. The Legislature did not have to expressly provide stepparent adoption automatically enables termination of visitation rights if a parent so moves. Instead, it chose to list the elements which must be present before grandparents may petition for or maintain court-ordered visitation: either the parents must be living apart or one parent must be absent for at least a month. Upon Daniel’s adoption by Hector,   neither of these two prerequisites was present, and thus, upon Elizabeth’s motion, the trial court was required to terminate visitation.  Even when a grandparent is allowed to petition for visitation, there are still substantial obstacles to overcome before the petition is granted. Unlike Washington’s statute in Troxel, the California statute only allows a petition to be filed when some disruption to the nuclear family has already occurred, whether it be a marital spat resulting in one spouse moving out of the family residence, a custody proceeding pursuant to a separation, or an absent, unmarried parent, and makes clear a court must accord extreme deference to parental authority while considering the best interest of the child.

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JUDGMENT:

The trial court’s decision was reversed because appellant’s husband had adopted the child and, since the child was now residing with both of his legal parents, the statutory criteria giving respondents standing to seek an order granting them visitation no longer existed.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

 

The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts.  The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation,bankruptcy & military law.  The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia.  The Maryland offices are in Montgomery County & Baltimore.  The Massachusetts offices are in Boston & Cambridge.  The New York office is in New York City.  The North Carolina Office is in Charlotte, NC which is in Mecklenburg County.  The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.

 

Grandparents Rights – Because Every Child Needs a Hero

September 20th, 2011

We are living in an ever changing world and sometimes I can not see if it is for the better. Grandparents rights are still in the early stages of defining who has what rights and when. The sad part of this is that even though they say the best interest of the child should be kept in mind, is the person who is saying this familiar with the child. From my experience children who are in a home with parents of drug abuse just want to please. I think this is because they do not get the attention that they need from their parents so they are constantly trying to please them to get some attention. My reason for bringing this up is to say this, I have seen my granddaughters go through hell but just keep on smiling because they want Mommy to be happy because when Mommy is happy the world is a better place for them. When have adults come to depend on their children to think like they think so everyone can be happy. My daughter-in-law just recently moved my grand children farther away because I confronted her about being back on drugs and my 9 year old granddaughter said to me (well it’s probably the best for everyone) all the while crying because she had to leave her school and all her friends) so Mom could get away from a Granny who knew Mom was back on drugs and putting them in danger.

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Every child needs someone they can look up to and be that rock in their lives. If you have grandchildren learn to be that hero. Learn to be the bigger person and always be there when they need something. As a 55 year old person who is looking at retirement the last thing I had on my mind is raising more children. These children are my heritage and I love them and I will always stand by them.

The things I believe it takes to be a hero in a child’s eyes are pretty simple. I feel they consist of

- Unconditional Love
- Having A Giving Heart
- Caring What Happens To Children
- Giving Of Yourself An Wanting Only Love In Return
- Being There For A Child When No One Else Is

For me as a grandparent this has all come easy because when those little eyes look up at me with so much love it warms my heart so much. How can anyone ignore little children. Grandparents we are at a time in history when life is telling us we must step up to the plate and take a stand. More and more children are living in the care of a person other than their parents. The numbers are on the rise. Exercise your grandparents rights and be someone’s hero.

I hope you never have this problem but if you do be sure and search out your options. The New Grandparents Rights are certainly something to check out. I wish you all the best. Good luck with your grandchildren.

Jacquelyn Dunn

Article Source: http://EzineArticles.com/?expert=Jacquelyn_Dunn

I love spending time with my family and my 3 puppies.I love to write it keeps my mind clear and most things I write about relate to real life experiences.

Understanding a Moms Rights in Child Support

September 20th, 2011

Single mothers who are struggling to get financial support from the child’s father should understand their rights in these situations. The problem for many single mothers is that they lack the means to effectively support their child without assistance from the father.

Other single mothers may simply want to hold the father responsible for supporting the child. For information regarding child support issues, single mothers should speak with a qualified attorney in their area.

Some single mothers may find themselves having no other choice but to seek government assistance in caring for their child. When this is the case, the government may seek welfare reimbursement from the father. A paternity test may be ordered to establish that a person is actually the father before moving forward with a lawsuit to obtain reimbursement.

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Single mothers who do not receive welfare may still obtain a court ordered paternity test to establish that a person is actually the father of the child. Once this is done, it is the mother’s right to collect child support for her child. The amount of child support ordered may vary depending on several factors including the time the father spends with the child as stated in court ordered documents.

If the father is not paying the child support he is supposed to, the mother may turn to the District Attorney’s office to enforce child support payment. This may take several weeks or months in some cases.

State law may vary a bit in each state, but the key to forcing child support payment is to establish paternity through a court ordered paternity test in cases where the father does not acknowledge that a child is his. Single mothers with further questions regarding mothers’ rights are encouraged to speak with an experienced family law attorney in their area.

Justin suggests that if you are truly serious or need more information talk now with an experienced and professional Divorce Lawyer on Mother’s Rights or schedule a consultation with a San Bernardino Divorce Attorney. Visit the offices of Diefer Law Group

A MN Family Law Firm can handle even the most difficult divorce

September 19th, 2011

Finding the best attorney from a reputable can stop harassment, find you the assistance you need and prevent you from giving up your rights in a divorce proceeding. There is an abundance of Family Law Firms in Minnesota, but finding the best requires a little research.

Any divorce is difficult just by virtue of it being a divorce. Some divorces are rather simple and amicable to have finalized when both parties already have discussed and agreed upon the terms of the divorce, at least most of them. Others can involve threats, physical and mental harm and require a Family Law Judge to finalize in a trial before them, and these can involve obtaining restraining orders, hospital stays, counseling sessions required by the court and other legal actions. Because a complicated divorce action involves more attorney actions, a longer period of time and trial proceedings and other fees that might be incurred during the time it takes to get finalized, the cost is usually much greater.

Getting through these emotional journeys and the lengthy proceedings mandate that you should have an attorney and your best solution is to find the best attorney there is in divorce and family law proceedings. This is when finding a good and a seasoned and savvy divorce attorney can help you through this time of great emotional distress and helping in minimizing the anger and pain of a contentious divorce proceeding.

Any divorce proceeding creates increased emotions and they tend to run very high when there has been abuse, neglect and infidelity during the marriage. A good divorce attorney can help focus the perspective and relieve the many pressures associated in a contentious divorce. Finding the right can provide you with caring and understanding people to help you along the way. From the attorney to the staff paralegal assistants to the administrative people, a good Family Law Firm can make your experience less painful and help strengthen your resolve in coming to an end and looking forward to the future. The best way to proceed if you are in a divorce, and especially if there are high emotions, is to find a friend or someone you know who has been recently divorced and can recommend a divorce attorney who they highly recommend.

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You can also check with the county’s assistance office for attorneys and also ask about divorce support groups. The support groups can be very valuable places that stay in frequent contact with attorneys they trust. There is also the county Bar Association and the MN Bar Association for attorneys in your area who have a good reputation. You can also start going through the phone book, which is very tedious, to find s. If going through the phone book, be wary of firms that do not offer a free consultation or who try to set fees before they discuss the case with you. It is also recommended to check them out through the state Bar Association, the Better Business Bureau and you can review their record of cases and records at the county Clerk of Court’s Office.

A good divorce attorney and their is your communication connection between you and your spouse and their attorney. This helps relieve the tension and stress along with avoiding any confrontations with your spouse, as your attorney and their Law Firm are the middlemen between you and your spouse through your divorce proceedings and it becoming final.

Finally, your needs to be aggressive at times, but cooperative at others, especially during the trial proceedings. Even though the divorce is a contentious one, your attorney must also play to the Family Law judge, as they tend to look favorably upon cooperation with the other party then aggression. So you and your attorney need to cooperate as much as possible and given the circumstances of the proceedings in front of the judge. So even though anger can boil up during the proceedings, it is wise to control it and let the other party be more aggressive at times.

This is why it is strongly advised to find a good to support you in your divorce as they understand the law, know what your spouse’s attorney is trying to establish and to ensure you get the best possible outcome. You should do everything possible in ensuring your divorce attorney has all the trial history and experience and has the expertise in ensuring your rights under state law and in coming to the best possible conclusion.

Brown Family Law is a MN Family Law Firm of divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our MN Family Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

I am a Microsoft Certified Professional. I conduct Training and Certification Guidance for Microsoft .Net Certification Courses through my training institute-Sierra Infotech. I also own and manage a SEO Company and article Directory.

Father’s Rights 101: Understanding How You Can Lower Your Child Support And Gain Custody

September 18th, 2011

You might think that your ex-wife has you by the wallet and the heart-strings by having full custody of your children, making every attempt to keep you from seeing your kids, or by having you pay extraordinary amounts of child support to financially assist her in raising your kids without you.  But know that things can always be turned around in your favor if you want to gain custody of your children, increase the amount of visitation rights you have, and lower your child support payments to your ex-wife.

Many men have a negative approach to family court.  They think that the court will automatically be against them, that their ex-wife’s attorney is going to run them dry, and that they’re basically screwed in the long-run.  But this is not the case at all–father’s rights have come a long way, and every court wants a father to have a part in their children’s lives. 

In order to fight your ex-wife in court to get custody of your kids, you can forgo the expensive court costs and attorney fees and go into court confidently Pro Se.  Self-representation can be scary sometimes, but know that many fathers before you have done the same and been successful.  The best way to reap the benefits of their success is to use their winning court strategies to a T.  Having another father who has been there, done that is an excellent way to obtain a mentor that can help you through the uphill battle of father’s rights.  Have someone whose been through it all look over your paperwork, offer objective opinions and play “Devil’s Advocate” for you in order to assist you in preparing for unexpected arguments that may arise in court.

By having a mentor assist you through the process of obtaining father’s rights, you will be one step ahead of your ex-wife and her attorney at all times during family court.

For a wealth of free information on Father’s Rights winning information, check out Dennis Gac’s website at fathershelphotline.com.  Gac is often referred to as the world’s number one father’s rights consultant, and has helped thousands of fathers get their children through the court systems, despite everything society has against them.  Join Dennis Gac and the National Brotherhood of Father’s Rights!