I am meeting with a new lawyer next Thursday to discuss revising my existing custody agreement.
In the interests of saving time (which as you may know with lawyer REALLY means money), I'm going to put together a wish list or proposed amendment before I go to the meeting. Santa's coming...and he brought you a divorce...again! Whee!
I'd love to get your suggestions, preferably if you've gone through something similar.
Right now I have joint legal/physical custody. I want sole legal custody.
My daughter spends MWF and alternating Sundays with her dad. I think I want to make some kind of change to that arrangement because there's too much of back and forth. Daughter stays up late at their house and then is tired and cranky the next day.
More importantly, the ex-h lives in a one bedroom apartment - one bedroom, a living room with a semi-detached kitchen and a bathroom. Tiny, plus did I mention that he and his new wife had a baby in March? Daughter sleeps in the living room on a sofa bed. I don't like that.
Right now, I would need to apply for permission to move more than 100 hundred miles away. With legal custody, I'd like to be able to move wherever I want.
I don't get much child support now. I don't know as I'd ask for more, but I would like to file for damages for the summer camp I had to pay for alone last summer, plus the mediation fees I had to pay myself...and maybe even the babysitting fees they charged me!
Those of you who have sole legal custody, talk to me! I'm especially interested in ideas regarding how to modify the physical custody arrangement to something that would be more beneficial and consistent for the child.
Does anybody know what most family law courts will accept as the acceptable age for a child being able to express their own opinions as to the custody/visitation arrangement they would prefer?
Sooooooo......it's been a while, not sure if I still know anyone around here but.........I have a question...
My ex husband is an (ex) alcoholic/ drug addict, he did not get visits with our kids after we split until he went through a treatment program...that was about 5 yrs ago. We have joint custody/ gaurdianship and he works out of town so only see's the kids for about 4-5 days every 2 months. Lately his behavior has been suspicious and I have grilled him repeatedly about whether or not he is using/drinking, he has always denied it and he has been very convincing. Last night he was picked up for a DUI with our 3 children in the car, I was at work and my new spouse had to pick my kids up from the police station, I went today to retrieve their things from his car which was impounded. My ex will be charged with a DUI and (if I have anything to say about it) Child endangerment. My question is this....I have picked up the documents to obtain an order for full custody and I want him to have only supervised access. To me, this seems like an open and shut case. (HELLO!, the guy could have killed my kids) But do you guys still think I need a lawyer???
So my ex wants to go to court to accomplish the following: a) raise my child support b) have decree modified so that her visitation schedule is in line with most divorced men's schedule (who have children).
I allowed b) as a favor because she began a serious relationship with a man and it was headed toward marriage. The relationship eventually ended after about 7 months and I let my ex know that I wanted the schedule to go back since it was a favor specific to that relationship.
She became angry and said it was in my daughter's best interest that my ex have the current schedule that aligns with divorced men who have kids.
Since our current decree rules, we are going back to the decree schedule in January.
Does she have any legal ground to really have it changed to accommodate her social life and her claim it's in the best interest of my daughter?
Second, if my ex pushes for a hearing like this--can I use this as an open door to push for my own modifications to the decree, such as a change in child support or other adjustment. Or does this have to be filed separately and requiring a separate hearing.
I am in a downward spiral and it's feeling like I'm going straight into hell....
I just got off of the phone with the EX and he is saying things that I don't know if they're true or not and I'm worried.
Long story short... My daughter is 2 years and 7 months old. Since the day my daughter was born I have taken care of her financially. Her father has never contributed a dime to her even for the first year of J's life that we were still together. So now, in the beginning of this year he moved to Arkansas and I am residing in New York City. I allowed Julie to go with him to Arkansas for about a month and a half. I had to take a flight to Arkansas and over the weekend pick her up and bring her back to NYC. Since April of this year, nothing from him. Nada. Zip. So now I am putting her in day care finally because I might be able to afford to do so. So I call him to tell him that I need help in paying for the day care. He starts going on about how he's not "allowed" to see his daughter. I NEVER told him he couldn't see her, I told him that if he wanted to see her he would have to come to NY and either come visit for a week or he could take her for like a month and he would have to bring her back, but this is too much of an effort for him. He'd rather have his daughter going back and forth across the country with his brother and whoever the hell is coming to NY and going back to Arkansas! He will not get off of his ass.
So he says that he'll go to court and I'll have no choice but to let her go with him to Arkansas and that he'll take care of her when he has her with him. Is that possible? Would the courts request for me to take her out of her day care so that she can go back and forth to another state because her dad is too lazy to come spend time with her here? Would he get partial custody (like 6 months out of the year?) or would they have him get visitation for holidays and stuff like that? I refuse to have my little girl going out of her own way to benefit this man who does not take care of her!
So if I take him to court....Do I get the child support that I'm owed at the expense of having to let my daughter go to another state where I have no say in her well being? I dont think fair because I have taken care of her since she was born!! What would the courts do in this case? I'm so confused. If he takes me to court is he gonna get to take my little girl away when he hasn't done anything for her?? Should I see a lawyer about this?
My stbxw requested her old name to be restored. Once that is granted and she has a court order changing her name, can she still legally use her ex-married name (i.e. my name)?
Hello to all and if anyone remembers my story it will be easy to pick up from here...
Divorced for two years now...ex and I only had one outstanding bill in both of our names...it's a second mortgage on the house I bought him out of...Is approximately $5800...not a big deal..Divorce decree says each must pay a minimum of $50/mo. until paid off. I have been making the payments methodically (which only covers the interest so the principal has not budged one bit)
Made three written attempts to him to pay the bill...no response. Now I will garnish his wages. I have his social security so not hard to track him down.
Court costs will average about $100..and again, I look like the bitch of an ex-wife who can't leave things be...On my first request to have him pay he told me to refinance the house. I refuse to do this because I will have to subordinate the loan, thereby completely absolving him of any financial obligation.
I have tried to research garnishment of wages from a divorce decree for this outstanding bill....but I only find garnishment for unpaid child support...When I call the courts and ask, they say, 'We cannot give legal advice, please consult an attorney.'
Has anyone experienced this or did they just say F** it and let it go??
Hello, I am new and have a qeustion about child custody and child support. Here is the short version - hubby and ex divorced in 99 - two children - one with us and one with her - joint custody with each as residential custodian of one. The other child came to live with us 1 1/5 yrs ago - ex wouldn't sign paperwork - we now have 4 children so don't have an extra $2500-3000 for attorney. She says child can stay no paperwork filed, she will send money when she can. She has sent one check in this time and bought clothing once. Says she wants to help out, just tell her what we need, nothing ever come except email - will send ASAP. DH won't push the issue b/c child is safe and well adjusted (15 y/o). I feel that this is unfair since these are her children and even if she had one of them it would cost her something to raise them. Is there anything we can do so force CS - will CSE to anything since he has joint custody and now physically child has been with him for 1 1/5 yrs. I am not trying to be evil step mom but doesn't she need to share in the financial responsibility for raising her two children. Is there anything we can do?
Is it legal for a company to not allow you to cancel your health insurance if you can provide that you have insurance which actually ends up being with the SAME company??
This is an issue for us because at the end of the month his insurance costs us over $500 PER month as mine will cost us $25 per month.
My husband has insurance with his company - I got a new job in June and decided to go with their insurance in August. As soon as we got verification the husband was covered under my insurance we sent the letter to his human resources. They are saying because he didn't do it within 30 days that they won't cancel it.
Anyone have any experience with this OR have advice on where we could get help on this.
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child custody question
