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Parenting Plan Or Custody And Visitation Plan
The plan describing how the parents will be involved in their child(ren)'s life, recognizing that children of different ages have different needs and that the plan will also change if one or both of the parents move. A parenting plan usually describes the child(ren)'s schedule and describes which parent will make decisions about various things in the child(ren)'s life. As a result of the parenting plan, the court will be able to determine the legal custody and physical custody arrangements for the child(ren). There are many resources on the internet to help you make an age appropriate parenting plan. You may also find the Alaska Court System's Parenting Agreement useful as you develop the plan that is best for your child(ren).
Question: What rights do my son dad have if we werent married to our son, if we have no parenting plan set up in idaho? My son has lived with me since he was born, and is almost 9 years old! Does his father have just as many rights as I do? Or does he have to apply for a parenting plan for his visitations?
Answer: I think you could keep it informal and let your son see his dad without going thru the courts and all the parental stuff. If his father really wants to be in his life, he'll get things together and be there. The only other thing to think about regarding a parenting plan would be the child support. Do you want him to pay to support his son, or would he help you out if you asked him? Just things to think about... if you guys come to an agreement, you can probably avoid all the court issues.
hope this helps!
Question: What is a better phrase to use than "In the best interest of the child" please help, no fun parenting plan :(? I am trying to construct a parenting plan. I feel like I am repeating the same phrases over and over again. Especially the "In the best interest of the child" Please help! If you know of any other good way to put that for a parenting plan for the court. The parenting plan is for supervised visitation, I can not find any other court documented parenting plans of other parents doing a supervised parenting plan. If you can find me a real legal court case that is a supervised parenting plan you will AUTOMATICALLY win, even if you didn't answer the first question. Please let me know if you have any resources on where I can get information for SUPERVISED VISITATION PARENTING PLANS. Thank you!!!
Answer: You need to pick apart the phrase "in the best interest of the child". What does this phrase actually mean in practical terms.
It is a catch all phrase which covers all aspects of child welfare & development. So good housing, decent clothes, a healthy diet, exposure to a variety of stimuli, etc are all in the child's best interest. So what you need to do is paraphrase. Some of the phrases you might use are:
To ensure optimum development.
To enhance the learning experience.
To assist with emotional development.
To ensure proper growth.
Basically, you need to think about precisely what it is that is "in the best interest of the child". Then instead of using the general term, narrow your focus & choose a phrase which is more specific.
Question: Parenting plan states mother should tell the father if she is moving the child? I have a parenting plan that was signed by the judge. It states that if the mother moves the child that she has to send me a letter letting me know when where and why the move is taking place. Although the only reason we know she is moving is because my daughter mentioned it to me. Does she only have to do that if she plans to move her out of state or if she moves anywhere? My daughter told me that she isnt leaving the state she is just moving somewhere else intown. The parenting plan also says that if she wants to move and it envolves her changing schools then she is suppose to tell me about it and that if we cant come to an agreement than it is my decision to change her schools or not. What should I do. The mother of my daughter thinks that if she tells my 9 yr old to tell us or mention it to us that she is moving then she is covering her tracks while she diliberatly goes against the parenting plan. It says she was suppose to tell me 60 days before the move but we just heard this from my daughter a week ago. This is only one thing she is going against on the parenting plan.
Court has been over for about a month now and I already have about 4 pages of incidents that she has done against the parenting plan. She is threatening my visitations about my holidays with my daughter and my summer time I get with her. Can I do anything about that or do I just have to wait until she actually keeps her from me to do anything about it. Will anything even happen to her if I go to court I have heard that mothers usually just get a slap on the wrist when it comes to things like this. I thought seeings how we settled outside of court and we compromised on everything while court was in the picture than after court it would be somewhat the same, but as soon as court was over she started being her normal self.
I might add that when we were going through this whole court thing my daughter was appointed a gaurdian adlitem. Her mother told this lady that she thought it would be in the best interest for my child to stay with her because is the courts were to award me custody she would have to be taken out of a school she was doing so well in. The gaurdian adlitem put her thoughts in at one of the trials and said based on that reason she thinks that the mother should have custody. But of course now not even a month later her mom is moving her out of a school she wanted her to stay in. She told my daughter the reason for the move was so that they would have more room and that my daughter wouldnt have to share a room with her brother anymore. Although thats not the case. Her fiance gets out in a few months (of prison) and he is moving his 4 kids in with them. WHAT CAN I DO? ANYTHING???
Okay Suze the reason why she was appointed a gaurdian adlitem was because all children that cannot speak for themselves are appointed one thats just the way the goes. As for me obsesssing. The reason why we were going to court was because she was keeping my daughter from me because she got to the point that if I didnt do something exactly the way she wanted it done or if I didnt jump when she said jump then she would keep my daughter from me. You could say that the reason why I have soooo much in one month on her is because Im obssessed but the reason is she has been disobeying EVERYTHING on the parenting plan. My problem isnt that she is moving the problem is she whatever is on the parenting plan I follow and she cant even get it through her head that I need to know where to take my daughter to school in the morning. She nevers answers my calls and doesnt give a crap about anyone about herself and the money she gets in child support a month when I have my daughter half the time.
The only time her mom actually acted like a mom was when court was in the picture. Im just afraid that she is giong to start doing all the same crap she was doing like trying to get away with keeping my daughter away from me and I guess I just dont want to sit around and let it happen anymore. So yeah Suze if you think that me wanting to make sure I keep a relationship with my daughter is being obsessed then yeah sure I guess you can say that.
Answer: a child is not to be put in the mix. ug... the child is never to be used as the messenger. call your court appointed attorney or your attorney and ask what you should do. clearly if this is the case and she / the ex wife is using the child as a messenger , this needs to stop fast. the position this puts the child in is very un-healthy. you may not see the results now, but this is all makings for bad choices later. HEY< <<Please don't let anyone INCLUDING your ex hit your emotion buttons that you lose your main focus ( your daughter) sadly no matter how divorces end it is the children that are effected the most. The children never asked for their mommies and daddies to divorce. Sadly parents use their children in divorce as the "BIG GUNS" tool, not thinking how it is destroying the child. so while your ex is gloating out of seeing you in pain, it is your daughter that is being destroyed and having not a inch of power to change it.get a journal and keep track of any and all actions. if it is your weekend to have daughter, and ex doesn't deliver, go to the police station in her city with your court papers ( the up dated and court sealed, stamped ones) and ask for their help to get your daughter. This is not fun, but it is showing the courts you want and take being a parent seriously and it frowns down on the ex not following the court papers. We never divorce the same person we marry. We can have many break ups in our life, but a divorce is a ball game nobody is ready for.It can bring out thoughts and feelings we never thought we could have, down right scary in many cases. Let your daughter know she is not just loved, but has a parent she knows has her BEST and she can trust. With-out a bad word about her mother. remember she is half of your ex, so much of her development rests on that image, please don't crush it with your anger and frustration. I promise it does get better, you feel pretty raw right now?? this is very common at this stage. stay calm, at least when dealing with ex. If you show no emotions , then the ex has no reason playing the head games of wimp power, she thinks she has.Don't fall for her weak attempt here. play it out .. kinda like a game of chess. Peace to you.. D
Question: Mother disobeying the parenting plan!? I have a parenting plan that was signed by the judge. It states that if the mother moves the child that she has to send me a letter letting me know when where and why the move is taking place. Although the only reason we know she is moving is because my daughter mentioned it to me. Does she only have to do that if she plans to move her out of state or if she moves ANYWHERE? My daughter told me that she isnt leaving the state she is just moving somewhere else intown. The parenting plan also says that if she wants to move and it envolves her changing schools then she is suppose to tell me about it and that if we cant come to an agreement than it is my decision to change her schools or not. What should I do. The mother of my daughter thinks that if she tells my 9 yr old to tell us or mention it to us that she is moving then she is covering her tracks while she diliberatly goes against the parenting plan. It says she was suppose to tell me 60 days before the move but we just heard this from my daughter a week ago. This is only one thing she is going against on the parenting plan. The parenting plan also says to not use the child as a messanger pretty much and that is what she is doing. She doesnt talk to me she just tells my daughter. I dont know if she is telling my daughter to tell me this stuff but of course she doesnt know any better and mentions it.
Court has been over for about a month now and I already have about 4 pages of incidents that she has done against the parenting plan. She is threatening my visitations about my holidays with my daughter and my summer time I get with her. Can I do anything about that or do I just have to wait until she actually keeps her from me to do anything about it. Will anything even happen to her if I go to court I have heard that mothers usually just get a slap on the wrist when it comes to things like this. I thought seeings how we settled outside of court and we compromised on everything while court was in the picture than after court it would be somewhat the same, but as soon as court was over she started being her normal self.
I might add that when we were going through this whole court thing my daughter was appointed a gaurdian adlitem. Her mother told this lady that she thought it would be in the best interest for my child to stay with her because is the courts were to award me custody she would have to be taken out of a school she was doing so well in. The gaurdian adlitem put her thoughts in at one of the trials and said based on that reason she thinks that the mother should have custody. But of course now not even a month later her mom is moving her out of a school she wanted her to stay in. She told my daughter the reason for the move was so that they would have more room and that my daughter wouldnt have to share a room with her brother anymore. Although thats not the case. Her fiance gets out in a few months (of prison) and he is moving his 4 kids in with them. WHAT CAN I DO?
Answer: make sure the pages you have written down about whats been goin on are legitimate things, such as things that can hold her incontempt. your daughter is not a form of communication. contempt # 1
if it says she must notify you 60 days before hand, she is in contempt of court. if she does not let you have you visitation, call the police and have your papers ready. eventually if i were you, i would get a lawyer.....this case needs to be reappealed.
Question: Parenting plan and self representation in TX..please help!!? My child recently moved to texas, and though my ex and I have a decree in another state, there is no jurisdiction there, and TX is the new "home state"....i want to change my visitation rights, as situations have changed. I know i can represent myself, but how do i get a parenting plan without a lawyer? I have the forms for modifaction of a decree...is that all i need? any help would be great thank you so much!!!!!
Answer: In all honesty, speaking from someone who tried this method, the best measure you can take to have this order modified is to get a lawyer. I was young when I had my child, no money and very little income. To say the least, I exhausted every avenue to do it myself.
Do yourself and the courts a favor, save yourself some time and heartbreak and get a lawyer.
Question: Should i GET A GUARDIAN OF ITEM FOR MY PARENTING PLAN SINCE MY EX? WONT AGREE ON SUMMER VISITATION AND TRANSPORTATION?
Answer: It's called "Guardian ad litem" (Guardian for litigation purposes) & you don't need one for that. Just get the case before a judge or mediator & it'll get resolved.
Question: Can you get a parenting plan without getting divorced? Due to the economy I was laid off from my job. This resulted in my wife moving out of state with our daughter to live with her mom. We still love each other and want to make things work. We don't want to get divorced but, I want to make sure if my wife and daughter establish residency in New Mexico I don't loose my chances of seeing my daughter. So, I was thinking of getting a parenting plan so that we both set up guidelines as far as visitation. Does anyone know if I can get a parenting plan without getting divorced?
Answer: You can come to an agreement between yourselves without going to court, just make sure it is notarized. Also remember that you cannot loose the right to see your child as long as you are still married, not legally separated, and child services doesn't say different. When you are married neither parent has any more custody rights then the other.
Question: Is a parenting plan still in effect while dad is in prison? My ex and I divorced 10 years ago and since then he has had regular visitation with our son who is now 13.
He became a felon during our marriage, one of the many disputes that led to our divorce. And he was not allowed to posses or handle firearms. So now his biggest and most recent blunder is he was drunk last weekend and caught drunk in public with a loaded 22 rifle. It took 7 cop cars to arrest him and he ended up spending the weekend in jail. Was booked for felony in possesion of a firearm which faces a maximum sentence of 27 months in PRISON! (and who knows what else he may have been booked on.)
So he wants me to help him continue seeing his son while he is in prison and I am not very hung ho on the idea. I only do what I am court ordered to do, but does a parenting plan hold up when the other parent is in prison? Can the court finally agree that the child's best interest is not with a crazy lunatic dad or has he not proven himself unfit yet?
Many thanks for the great advice! It helps give me a perspective on how I should handle things if he does get the prison sentence. I do know that he loves his son but he is not a very good example for him and does a lot of age innapropriate things around him. But maybe God is looking out after us cause even if he does visit his dad there is a limited amount of infulence he can give him. It will be like "supervised visitation" once again.
Answer: You should file for a modification of the parenting plan based on his most recent arrest. The alcohol and the felon in possession of a firearm charges will not cause the court to look very kindly on him.
I would file a public records request and get a copy of the police reports associated with his arrest. Attach them as an exhibit to your petition for modification.
You can specifically request that he be ordered to take an alcohol assessment; and you can ask that personal visitation be suspended if he is sentenced to prison. I would also ask that you not be responsible for accepting collect calls.
The court will try to do what is in the best interests of the child. It is generally the best interest of a child to have regular contact with both parents. You could potentially be required to facilitate visits between your son and your ex while he is incarcerated. Has your son ever gotten arrested? Or in any other trouble? If not, the argument I would make would be that it is in your son's best interest to be protected from having to endure the process involved with visiting an inmate. (If your son has been arrested, this will make your argument a bit less persuasive.)
If your current parenting plan does not specifically require you to transport your child to his father for visitation, then you would not be required to do so. If the parenting plan requires you to share the transportation costs, then you would probably be required to drive him to and from the prison every other time your son is scheduled to visit with him. BUT, if your ex is incarcerated he won't really be in the position to enforce the parenting plan. If you don't want to try to modify the parenting plan, why don't you just string him along over his requests to be visited when he's in prison and then do whatever you want when he's locked up. There's no need to fight and argue about it now.
Question: Modifying a parenting plan? My wife is considering taking her ex-husdand back to court to modify their parenting plan. As it stands he is responsible for making travel arrangements for their kids for his visitation time. He has be granted a large downward deviation in his monthly support payments to cover the cost of the plane tickets. We have asked hi repeatedly to be more reasonable in his choice of flight times. This year he has the girls flying out at 6am on X-mas morning. This means we need to be up at 3am to get them to the airport on time. What are her odds of success by asking the court to order him to be more reasonable in flight itinaries? Say no flights before 9am and returns before 10 pm. I would like to know any thoughts before incuring legal expenses in a futile effort.
Answer: She has every right to ask for reasonable accomodations, I don't think a judge will have any problem with that.
Question: How would you handle violation of parenting plan? My ex has severe mental health issues but currently gets unsupervised visitations. There are things put into place per parenting plan to make it so we know if he is not doing well and visitations should be suspended for a period of time.
We found out recently that he became unstable and we were not notified by his family (which is what is suppose to happen). I want to make the court aware that the steps we put into place no longer work. But there is nobody else who could inform us if he's not doing well if his family won't do it.
What to do???!
I do not have an attorney. The parenting plan has been in place for 4 years now.
Answer: Call your attorney to explain what's happened and what needs to be done. Also let that person know you guys were notified and were supposed to.
Question: Child Custody and Visitation? My ex and i are in the mid of trying to settle our visitation parenting plan. Somethings that my ex is asking really rediculous on visitation when the child is only 1 year old. Twice conversation my ex repeating saying i should ask my partner adopt our 1 year old son and he will be completely out of my son life and he said he will also stop child support. My fiancee wants my ex to write the letter and undersigned it if its true and that he will no longer trying to contact his son ever again after this, my fiancee is willing to adopt my adorable son. My ex has an attorney and i have too. Should i ask my attorney to start the proposal letter??
By the way, my fiancee do not want any other children, he loves my son very much and have been in his life for 10 months now ever since my ex left my son and I last year. Now he is back because i wanted him to pay child support, but looking at this situation, its not worth my fiancee said, because my ex is draining me and bullying me none stop! my ex doens't care, as long as he can get his way! My fiancee is a decent man and he will be a good father role for my son.
All my ex is trying to do in the future will hurt my son one way or another because he is asking more time and rediculous time with his son because he wants to get child support reduce. So, my fiancee and I can't see it if its worth, more over my ex has been very vendictive and harrasing me and bullying me and try to get it his way which is hurting me more, and my son will eventually see it everytime my ex is doing so.. Do you think it will be fair for the child in the long run? My fiancee and I are lay back people and we are mature enough and old enough to know what is best for my child in the long run.. We talked and discussed.
My fiancee and I have known each other for over 5 years as good friends. Only this year we decided to get more serious after what happened that my ex did to me and my son.
Answer: That's a very important and personal decision. You and your ex did not makke it....why would you allow another man to adopt him and you are not even married to this man? How do you know you and this one will make it?
Question: The mother of my child is having a dumb moment when it comes to understanding the parenting plan!? The mother of my child didnt want to give me my visitations with my daughter because she said she didnt have a copy and that she wasnt going to agree to anything until she knew what I was allowed to have in the first place. She all of a sudden agreed when I threatened to take her to court for not going by the parenting plan. Anyway the parenting plan says that if she decided to enroll my daughter in activities without discussing it with me and US coming up with an agreemant then it will be my decision what happens. She just sent me a letter saying she is enrolling my daughter in summer camp because she needs a babysitter and that I have to pay her 250 bucks so she can go. I told her that I have her half of the summer anyway so I didnt understand why she thought I had to pay so much. All of this she is not discussing with me she just told me this is what was going on and this is what SHE was GOING to do. She also sent me a bill for like 350 bucks for some cheerleading camp that her mom wants to enroll her in. The court papers say that it is my decision to pay half because I already pay so much for child support and medical. She is also trying to say that the weeks that my daughter is with me during with me that my daughter is not allowed to stay with my wife that if he works he needs to take her to the summer camp and that she is off on Tuesdays so he needs to bring her to her house on those days too. The parenting plan says that I get 7 days uninterrupted time with my daughter every other week until school starts again. It does not say at all in any of it that she has to go to wherever her mom tells me to take her and that she is not allowed to stay with my wife. My wife is a stay at home mom she adores my daughter and my daughter doesnt mind staying with my wife and she has told her mom that but her mom has some wild hair up her *** thinking that she can still have some control over everything even after the judge has signed the paper. What should I do about this?? Should I let her know that she isnt understanding the parenting plan at all. Yeah I know I want my daughter to do activities but she agreed on an amount for child support so that she could use some of that for child care wouldnt the summer camp be child care why does she think I should pay for child care every month but she shouldnt have to. WE have enrolled her in softball and did not ask her mom for one penny towards it. THIS IS SO FRUSTRATING!!
I also knew she would be writing this letter and my daughter told me a week ago that her mom is moving her and moving her out of the school that she was going to. I figured that I would let her decide to tell me seeings how thats what the parenting plan says but of course in this letter with all these bills she sent me not one part of it mentioned that she was moving.
LOL yeah Dot to let you know this is my wifes profile I am using her computer to ask this question sorry should of mentioned. But yeah my d
Answer: If the parenting plan does not require you to pay for those activities then you can choose to pay or not. To keep the peace I would pay half of the bill for a camp she is enrolled in (and I would check the cost myself). Since you are a married man, she has no say who her daughter can stay with during YOUR visitation with your daughter.
I would be more concerned about her moving your daughter. It would be one thing if she was moving to a better school district, but I would be concerned she may be moving out of town or even state. Usually a parent can not make such a decision unless they have sole custody of the child . . . and if they do move, it can not pose a hardship on you having visitation with your daughter.
Question: What kind of motion do i file to get the parenting plan enforced? Heres the deal I have a parenting plan that has been signed by a judge that says what holidays I get my daughter and how often I get her during the summer. The thing is it does not state exact days in the summer it just says half. The mother of my child is not cooperating with me. When I ask her when she wants my daughter she just says on her vacation from work. Then she adds in she wants another week so she can visit family. I agreed to that I had no problem with this whats so ever. I told her she still had more weeks with her and so that if she wanted to to write down what weeks she wanted and I would do the same and we could come to some kind of agreemant. Well she didnt do it I did and when i showed her the calendars that i had made out she said no that I was only suppose to get my daughter 2 wks in June july and one wk in August. Although the papers say we both get her for 2 wks in june july and 1 in august it also says equal times in summer and this year there are like 5 wks in june and july, she doesnt think it is fair for me to have her any more then two wks in june july and 1 in august I have tried to agree and settle on things outside of having to go back to court. Although now she is just not telling me when I can have her. she is telling me when she wants her but that the dates that I want her I am not getting them cuz it doesnt fit her schedule. When I try to talk to her about it unless I agree with her on what she wants she wont even talk to me she just walks off and leaves. I cant get her to answer my calls or anything. Finally I wrote her a certified letter and told her that if she didnt TRY to come to an agreemant before summer starts my only option was to go back to court to file for my rightful visitations. What kind of motion would I file? If I go to court is there a way I could possibly get the judge to write the actual dates down. Im not saying I want to go to court so that I get all the time I just want to enforce that she just cant ignore me and think that nothing will happen to her. Or when the papers say 2 wks in June 2 wks in July and 1 wk in August for both of us does that mean thats what I get her and her mom gets her the 5 wks during the summer and she gets her all of the extra time too??
Answer: Didn't read your whole question, but in general you would make a motion to modify the custody order to provide for specific dates. Courts often write the initial order vaguely in the hopes that parents will act like grown up and accommodate each other. When that fails, they will get much more specific.
Question: My Ex filed for a mod. to the parenting plan, but not Child Support. does he need to continue paying it? My ex husband is fighting me for custody of my two sons (one is not his biological child) and the boys thought the grass would be greener and agreed to try this. the temporary orders give him primary residence but he failed to file a motion to modify the child support. both boys want to come home but he wont let them becasue he says the court order says that he has them.. doesnt he still have to comply with the current child support order until/unless he files for a modification of that as well? is it in my best interest to stay shut up about it and see where this case goes or to ask him for the payment so I can continue to keep paying household bills until I can find a job to replace that money for their support? If they indeed want to come home & the judge orders it, how will this work?
the Commissioner stated that she will not have my sons being bounced around and ordered this "temporary order" to last until December. My youngest son wants no part of it but got forced into it by his older brother... I personally think he has to still pay because I equate it to his 6 weeks of visitation in the summer (which he has never taken them) he is supposed to have them for over a month but he still is ordered to continue paying support. because the child support is to help maintain their home as per his portion of their household bills.. if I am wrong, I would sure LOVE someone to correct me so I am not sounding completely off kilter
Answer: Seems tome like a court order is a court order but if you ask for money he may very quickly reverse it and make you have to pay him money.
Question: When can I change venue for custody of my children and other legal matters pertaining to a divorce in Nevada? My divorce took place a year ago in Nevada. I am having legal problems with child support and custody/visitation with my ex. He does not follow the parenting plan agreed upon and stamped by the judge. I have full primary custody. Can I change venue to Ohio since me and the kids are residents? My ex is still in Nevada.
Answer: Since dad is still in Nevada, Nevada retains jurisdiction, even if you and the children have moved to another state. If dad were to move from NV, then you could request to have the case transferred to OH.
If you try to change venue, your ex would simply have to inform the court in OH that he stills lives in NV, and then the OH court would dismiss any filings you might made in OH.
Question: Need parenting plan advice? So I have an ex-husband that I divorced because he was a controlling, abusive @$$hole. We have a son together that is 12. My son will often tell me things his dad is doing or saying to him that I feel should be addressed. My son begs me to not say anything to his dad because he feels like he'll get it worse from his dad the next time. I am just furious when my son tells me these things, but if I go to his dad, my son will clam up and not be honest will me about what is happening. When I left this marriage, I had to have the support of family to get out. I feel so helpless, because I can't just help him get out like family helped me get out because the law says he has to see his dad. What on earth can I do? I want to have my son's back, but I also want to have his trust that he can tell me things.
...Btw, this same dad didn't give my son the time of day until he was 8 1/2 and then one day got a wild hair up his rear and took me to court for visitation.
Answer: Well what exactly is your son telling you?
I mean there’s a difference between dad has 10 girlfriends over and ignores me, and he beats the living sh*t out of me...
I know when I was little my dad did crazy stuff, and I would tell my family about it. If they did confront him about it, I never knew.
If anything just tell your son your there to listen to his concerns. Also if he's 12, he can go before a judge and tell the judge what his dad says. Or if he doesn't want to be at his dads he can say that also. Once a child is older a judge is more likely to listen to them, so maybe its time to get the visitation reset.
Question: How hard is it for me to get a shared parenting plan? I have a 8.5 month year old son. His mother left me in her first trimester. We went to a mediator last week and could not agree on any one on one visitation. I asked for 2 Saturday's a month for 8 hours at a time. She lied to mediator about seeking legal advice, stating she had not researched he rights. My attorney informed me a lawyer contacted him on her behalf. Now we are moving forward to court and she will no longer talk to me.
She will not give me his social security number. She allowed me to visit him at her house until I looked at pictures of him from a portrait studio, a membership I purchased for us, and said I snooped through her stuff. She has slandered me to her 2 daughters, saying I can't take care of my son, because I can't take care of myself. Reason being, I am living at home to afford child support, legal fees, and save for a house. She accused me of having a chemical imbalance to the mediator. I offered to take a psychiatric evaluation, and random drug screening, as I don't abuse drugs.
She is demoralizing me, saying the court won't take him from me. I only want one on one time, standard visitation. I am not trying to take him from her.
What lies ahead for me?
She has a daughter who is 17, was expelled from High School 2 years ago, and withdrew from school after spring break because she is pregnant.
Her other daughter is 16, and their child support is on their last leg.
I feel as if I were used for a child support check, and am being persecuted for trying to be a loving father, and raise my son.
Please help me with advise.
Answer: DON'T worry.
Stop trying to contact her.She is obviously a difficult women and you just need to wait until court to sort this out.If you are a balanced person, you will get your visitation rights.You could even go for joint custody if you wished.
If she tries to play games in court, CALMY let the courts know that you are open for parenting classes and a psych evaluation as well.DON'T let her piss you off.Show them that you are the mature one that doesn't let the petty crap bother you.She is trying to piss you off to try to discourage you.She is only hurting your son in the process which is unfortunate.
Good luck.
Question: If you have joint shared custody with no custodial parent mentioned in the divorce decree? nor is there any visitation mentioned. Does this mean that the time is split evenly? Lately my ex has been taking extended vacations and leaving the kids with me and if it is joint shared custody, does this mean I should be compensated for the time away? We do have a parenting plan which just mentions the split of holidays and we are allowed a 2 week vacation during the summer months, etc.
Answer: I dont know why you would want to be compensated for caring FOR YOUR OWN CHILDREN!!!!!!! If the conditions of custody were not spelled out clearly and consisely, you may have divorce decree amended through the court. I presume no one pays child support in this situation? If the father of your children seems to be shirking his responsibility, remember why ya'll got divorced in the 1st place. He does not owe you anything and will try to get away with as much as he can. It is up to you to decide the quality of life for your kids. You can relight the "fire" and spend energy in a place that does NO GOOD for your kids or you can keep focused on loving them and doing the best you can for them and for yourself. Dont go to the hardware store looking for bread. And finally, talk with him about how you feel and what you would like to have happen. The rest is up to him. Be there for your kids..they need you.
Question: Do I dare attempt child support modification or contempt of parenting plan without an attorney? My daughter turns 18 next month and I need to have child support modified accordingly. My daughter hasn't even lived with her mother for over a year, but the mother collects child support for her anyway. Child support services agent said the support would continue as long as the ex-wife wants it, or until I petition the court to modify it - I chose to wait until she was 18 so there would be no question. Maybe not the smartest decision, but I've been burned before hiring an attorney to have support modified and losing a lot more money as a result.
Second, the same ex-wife is denying me visitation of my 7 year old son completely. She also won't allow my son access to a telephone to call me. As a matter of fact, she has forbid him from calling me at all from anywhere. She does this from time to time to show me who is in control. I know she doesn't have the right to do any of this, but I've never done anything about it, because I can't afford to lose again. Please help!
Answer: Get a lawyer. It will pay for itself, trust me.
Question: Is it necessary for the courts to rule who Primary Caregiver of a child is in Custody case? Both parents have joint custody
State of California
Original Court order was ruled joint custody, but both parents live together.
Now because of the original court order mother cannot take child from residence. So currently she with her father.
Is primary cargiver going to be an issue when we go to court.
Parents worked out a visitation plan but don't agree on who the primary is.
My daughter is going to be 3 years old in December.
Answer: If you can't agree then the courts will order an evaluation, which is very costly and they will determine who it is.
It is usually the one that handles the doctors appointments, makes food, deals with the school.
If that is equal they will literally observe the child with each parent and use that.
Each child always has a favorite parent, that parent is usually NOT the primary, but the one that gets all the fun stuff, while the primary does all the work.
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