Joint Legal Custody

Question: My son's father lives in California and I live in Connecticut We recently agreed on joint legal custody an? the courts ruled in my favor that my son that's 5yrs old will remain in Connecticut. He's father disagreed and now were going to trial. He also filed papers of contempt on me that I wouldn't allow him to see his son. Which is not true he gave no notice he arrived in Connecticut and he's son always been available top him. Would he have to prove I kept his son from him in order to be guilty of contempt? or would be just my word against his? would it thrown out? We never married and he left when our son was 3months old.

Answer: You're going to have a hard time proving that you DID allow him to see his son. But then again, he'd have to work really hard to prove you DIDN'T. Anyone who witnessed you telling him to come by or taking a call and saying coming over would be okay would make a good witness for you, but I doubt that will help. Sounds like it's more your word against his. Try wearing blue on court day! :)

Question: Court ordered joint legal custody but she won't provide child's information for insurance.? My husband is supposed to add his daughter to his insurance when it is available which is November 1st. In order to do this, he needs a copy of her birth certificate and social security card and kindly has asked the child's BM for this information as she has it available. They have court ordered joint legal custody and she keeps giving him the run around about her personal information. Telling him that she's calling so and so to see if they really need it, won't provide him with her doctor's name and number, etc. My question is this, is this considered being in contempt of the court order if joint legal custody has been ordered?

Answer: If the court order was for him to provide health insurance for the child, as part of the joint custody, along with support etc. She is required to give the information, such as Birth certificate, ssn(to determine the legitimacy of the child in question to avoid fraud). As far as the Doctors info, it would be nice to have the child taken to the same doctor to avoid confusion. This should be smart for the child well being. She should stop acting like a child. I agree with another above poster that you should contact the clerk of court, and a lawyer, concerning your particular case.

Question: Joint Legal Custody. Non Cusotodial Parent. Education Dispute. ? I have Joint Legal Custody with visitation rights. Unfortunately ....I live 60 miles away from my son. His mother moved to a small rural town north of Saint Louis MO. I have recently found out that his local school may be on the verge of losing there state accreditation. I would like him to move in with me to insure his education is still strong ..or at least before he becomes a freshman in high school. My son seems to be ok with this but I am not so sure he would leave his mother ..she is very materialistic and spoils him immensely. I live in a better school district and would love to see him challenged and grow strong in his educational life. What can I do to change his future education. ? My son is 11. His mother is living with someone else and has no intention of marrying again. I don't have a problem with her continuing to be custodial parent but I know she doesn't have a more credible school district close by. I do not want him to continue to go to a school that does not challenge him. He gets A's now ...but what happens when he gets to a real college? what can I do?

Answer: Try to convince her to let him move. If she won't budge, you would have to sue in family court. It's definitely been done before.

Question: Have joint legal custody but I can't seem to get in touch with the absent parent? I just found out that my childrens father was honorabel discharge from the Navy on 12/14/07. I was told that he was in washington but I was unhable to get a ph# or addrs. What can I do ? would I get in trouble if I take my kids on Vac. to mexico with out his permission? we have joint legal custody but haven't been in touch for 2 yrs. I have email him and I never get a reply back, he has a new fam. and never try to get intouch with my kids since. what could I do ? thanks

Answer: You likely can't get them across the border. You need to apply for a passport for the kids (you'll need it eventually anyway). One of the documents for the kids requires a signature by both parents. You have to set out reasons why one of the parents can't appear. You need to recite what you've said here. If he's still paying support, you may be able to trace him back through the support office. ** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Question: Can the a joint legal custody mother take her child away from school? My husband is in joint legal custody with his ex girlfriend over their 6 yr old. Except my husband has physical custody which means his 6 year old daughter lives with him full time and has been for the past 3 years and also been attending school. Her mother lives in another city and only chooses to see her daughter 4 days out of a month. Which is every other weekend. Now all of a sudden her mother wants her back. It was her weekend to pick her daughter up and now she doesn't want to bring her back until a court date ( which is not even established yet). The 6 yr old is going to miss school tomorrow because of her mother and for how much longer ? who knows. Is this legal for the mother to keep the child from school where her home is and keep her from her father? Cause it sounds really wrong to me. Can we call the police? Isn't this abduction?

Answer: If he gas primary custody, she's committing parental abduction. Get a current copy of the custody order from the Clerk of the Court, take it to the police in her city, and go pick up the child. http://tinyurl.com/DadsHouseGroup \\\\\\\\\\\\\\\\

Question: What can I do to get joint legal custody of my kids? daughter - 8 son - 7

Answer: You will have to hire an attorney who practices Family Law. The retainer will be somewhere in the neighborhood of $7500. Judges do like to grant joint legal custody nowadays. If you have no serious issues in your recent pass; drugs; alcohol; depression; no income, etc. then you definately have a shot.

Question: If we agree to joint legal custody with full physical custody for the me. Does he still pay support? My 14-month old daughter's father, who has never seen her nor been a part of her life, wants to get joint legal custody but let me have full physical custody. Will he still have some type of support payment (whether lower than if I had sole custody or full payments since I have her 100%)? We went to court recently and the judge asked for a financial worksheet but I am still confused a bit. I cannot afford nor do I want to get a lawyer if this is something that can be resolved without one. We live in Indiana. He makes $547 a week. I make $200 a week and am a full-time student. he has two older children and I have one. He is married to the mother of his two older children and I am single.

Answer: Likely as even sole custody fathers can be ordered to pay. \\\\\\\\\\\\\\

Question: Texas Laws on Joint Custody of a School Age Child? I'm only interested in what the Texas Law says. I have a child that will be starting Pre-K in August. His father and I have joint legal custody. Does anyone know what the law states about this? I thought that once a child enters public school, the law says that he cannot be shared during the school week. Is this true? Please only answer if you know what your talking about.

Answer: Switch to bird nest custody for the best benefit of the child. It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule. The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time. The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time. The separate residence could be a rented room, stay with friends or relatives, or the parents could share the cost of renting a two bedroom apart, with each having a secured room. Bird Nest access will be coupled with specified access of the other parent, one evening a week, for dinner or other activity.

Question: If I have joint legal custody, do I have to go through the court in order to move out of state? My Ex and I have joint legal custody and I am the custodial parent. He has lived out of state (approx. 600 miles away in Utah) since before the divorce was finalized. His visitation is the last weekend of every month, every other holiday and half of each summer. However, he chooses to only sees them 3-4 times a year on the longer visitation times. My current husband and I have been looking at moving out of Nevada to Texas for better schooling and job opportunities. I am certain that my ex would never agree to this simply out of spite. How will this effect my family being able to move? Do I need to get it approved by the court and go through the whole process of Motions and Hearings when he hasn't lived in this state, or within a reasonable distance to see them regularly? Or is there a simpler way?

Answer: You have to get court approval to remove the children from the state. It doesn't matter where he lives, but it does matter where the children live as that affects his visitation ability.

Question: Which supercedes legitmation and joint legal custody April 2004 or guardianship updated 2004 revoked 2006? My son legitimated his daughter and it was final Apr 2004, he was given joint legal custody and visitation. We had guardianship in 2004 after the legitimation and the guardianship with my husband and myself was revoked July 2006 and custody was given to the mother (my son's name was not mentioned on this order). Which of these orders supercedes. The legitimation was from the superior court and the guardianship was from the juvenile courts.

Answer: First, what was the scope of the last order. This should direct you as to what is going on. Second, were the conditions of the mother getting custody due to something the father did. If order doesn't mention visitation and the answer to the second question is nothing, my guess is he has visitation, b/c states have a public policy that children should have regular continuous relationship with their parents.

Question: Is this a joint legal custody or not? If both parents want to have full custody but they agreed with the amount of money and time the spend. What is that?

Answer: Both parents can't have full. If it is agreed that each parent has an equal amount of time with the other, then that is called joint physical custody. Joint LEGAL custody is a whole 'nother story, but you're not stating physical or legal here, so I'm assuming since you mentioned "time they spend," you're meaning physical.

Question: am i allowed full bah if i have joint legal custody of a child? if i have joint custody of my child , am I allowed full bah

Answer: Nope. There is a differential. http://usmilitary.about.com/od/fy2006pay…

Question: Joint legal custody and appointed trustee? In California if the parents have Joint legal custody and one of the parents receives social security disability in which a check is also received for each one of the children naming that same parent as trustee. Who claims them on there taxes

Answer: is comes down to who the child the most with.. mom or dad.. sometimes the parents can switch years, mom one year, dad the next. with the errand income credit. one parent can claim that but the other parent can still claim the child as a dependent but not claim EIC..

Question: Joint legal custody questions? I'm a single mother and the papers drawn up with the father, state joint legal custody with me having primary physical custody. I may move one day and am concerned that having joint legal custody, that may effect whether or not I may leave the town I am in with my son. I am also really looking for any other matters that may come up in the next 15 years. Any advise from personal experiences or whatever?

Answer: Joint legal custody just means that both of you as equal parent must consult each other when it comes to the best interest of your child. Most custody paper that I know of have at least a 50 mile distance to let both parents have easy access to their child; a good attorney will let you know that there is a limit to future matters. One thing that you may want to consider is college education (trust fund or saving) for your child, one or both can contribute with the account removal of fund needs to be sign by both parents until the child is 18 or older. In the event that the child needs major medical surgery and the other parent can not be reached the parent that has physical custody be able to make "necessary life saving decision" without fear of contempt. As for the 15 years you may have to go back to court to modify any unanticipated needs ex: lets say you lose your job and your child insurance, you can have dad pay the full amount and vis-versa. It is real important that you both agree on as much as you possible can for the sake of your new future; the thing that tears children apart is feeling like they are the cause of their parents not being together.

Question: Should I take joint legal custody of my step daughter? Okay, so here is the story, I 've been with my husband for five years and we have two children together. He also has a daughter from a previous relationship and we have been close like a mother and daughter since the first day I met her. We have had nothing but problems with her mother over the years and we have still helped her out finanicially time and time again. We pay child support every month and most of the time we have her. Now her mother has hit rock bottom and is offering joint legal custody so she can live with us for the school year and live with her in the summer. My only problem is her father got into some trouble and he is facing at least five years in prison. I feel like I am all she has but I have two kids of my own to support by myself for the next five years and I'm worried that if I agree to the responsibility, I may not make it. I work and attend college, have a house payment and plenty of bills, and I'm only 24 years old. Should I make life easier for her mother by doing this or think of myself. I love my step daughter her to death and i just want to do whats best for her. I'm in a pickle, please help!

Answer: It will be hard but I think you know that the best place for her is in your home. You may have to cut back some classes and work some extra hours but in the end you will have done the right thing. There should be some child support during this time as well. Believe me years from now you'll look back and feel like a good mother.

Question: How does a father get legal joint custody of his child in Dominican Republic?

Answer: If you are in the Dominican Republic, take contact with El Tribunal de Menores (there is one in every town) and they will help you with the info you need (and paper works) Probably they will advise you to take a lawyer. But first always ask for the fee of the lawyer and a estimate of the expenses he will have, to avoid surprises... Good luck!

Question: Are schizophrenics allowed to have joint legal custody of their children?

Answer: Oh, I see now--this must be a continuation of your previous question. This would depend on the State in which you both live in. It would also depend on what a doctor states is your frame of mind and how bad the illness is--how this will affect you in your daily life let alone your child's. This is a situations which I would suggest you seek out the advice of a competent lawyer who deals specifically with mental health issues. Best of luck to you and your child.

Question: my friend is going through a divorce and his wife is requesting joint legal custody and half of his wages.? He has always provided for and been in his 15 year old daughters life. His wife also makes more money than him. He is afraid that her request will be honored because she has a lawyer and he cant afford one. If he pays half of his wages he won't be able to continue to pay his rent and utility bills. What I'm asking is, do she automatically get her request because she has a lawyer speaking for her and he doesn't?

Answer: I hate to say it but usally the person w the lawyer usally gets pretty much what they want. But If anything he can request some of her wages being that she makes more than he does. But that also all depends on how the custody with the kid rules out too. So if he can recieve joint custody then he can request her wages. But I suggest joint custody and let her keep her money they also look at who is being fair and not just trying to screw the next person. Good luck to your friend

Question: My ex and I have Joint legal custody I have residential, I enrolled our kids to go to school in my School Dist My ex is now saying that he doesn't like the school and he is taking me back to court. We live in different towns, about 15 min apart. He said since he has joint legal he says no to the school. They have been enrolled now. He has given me no reasons why he doesn't like the school, he only says no. Since he wouldn't make a suggestion I enrolled them because school starts in a week. My children will be devastated if they don't go to school here. They have met their teachers, speech therapists, principal played on the playground since they were small. My ex attended round up and parent night. he sees them two days a week. We had an awful divorce and we are only under temp. orders now because we were broke after spending a combined 15k on divorce and parenting evaluation. I can't afford to go back to court I'm a full time college student and we live with my parents. He is saying he is taking a note to their school saying why he doesn't want them going there, I am afraid he will make up horrible things about me. School starts in a week and he is saying we are going back to court?! I don't want my kids pulled out of school. I don't know what to do. The home he lives in is being foreclosed on, which my name is still on, but the banks have told me its in the foreclosure process and he says he is keeping the home? Is this possible? I don't even know if he will be living there and he wants his school district now. Can he keep the house with bankruptcy? the two mortgages are way way past due by at least 5 months or more. someone please help, I am trying to do the best thing for my kids. This should be an happy exciting time for them and he is causing so much stress.

Answer: I definitely feel for you. Unfortunately they can always take you back to court for the stupidest things. Even though you have joint custody you are the custodial parent giving you the final say. Give yourself a financial break and save the lawyer for the more important stuff. If he takes you back to court let the judge know about the forclosure on his house and about everything else going on. Also talk to the school and let your kids counslers know about what is happening at home. This will make them a little more attentive to your kids and have them document every meeting. I know it sucks to air your dirty laundry but it's better they here from you first then the lies that he will tell them. Bring to court results of the schools acheivements like where the school is ranked in comparison to the school he wants them to attend. Let the judge know if they already have friends at the school. Remember he will say all kinds of things just to get at you and upset you. You seem like a loving mom. Keep your head up and be strong especially for your kids.

Question: what are the pros and cons of joint legal custody, sole physical custody? and are there any negative positive effects on the childs development such as speech and hearing?

Answer: Hearing and speech should not be effected by whether custody is joint legal. It is possible however that sole physical custody could have some effect on a childs development. The person whom the child lives with on a regular basis has mega impact on the childs development. A child learns from what they see and how they are interacted with. As far as hearing, it is hard to determine where the problem originates. The custodial parents lifestyle can affect the childs development and has been proven over and over. Children who are not talked to may have speech problems. A child who is constantly subjected to loud music or noises can have hearing problems. There are definate milestones in a childs developmental stages. If your child is progressing slowly, you should first have all the necessary tests run to rule out a physical problem. If there are none, then the custodial parent should get into parenting classes or counselling to see what is inhibiting the child.