Can I get custody of my kids because their them living with a convicted felon?
This guy was actually paroled from prison for murder!????? How long was his sentence and how old is he now?? A Murderer usually, at the very least spends a good fifteen year behind bars, unless, he was a minor when the murder took place, and he was set free at the age of 18!! If this guy was really convicted of murder and is on parole, I would seek out his Parole Officer, and find out the stipulations of this guy's parole, and if the P.O. actually KNOWS where and who he is living with!!! As your wife seems to have custody of your children, what are the stipulations on YOUR visitation rights? Are you allowed to visit them in her home or what? Are you paying child support directly to her, or through the courts? Are you in a situation where you can take care of two little kids? If you go to court on this, I am sure the Judge will ask you this question. And who would be baby-sitting them while you are a t work? Talk to his Parole Officer before you do anything.
Can my divorcing spouse withhold my children from me?
Well, talk to a divorce lawyer in your state, but, my gut reaction is that as long as you are still married you have as much right as she does to care for the child. Frankly, I don't know why you moved out. You should have said, "no - you want the divorce, YOU move out." Then you should have let her file for divorce and then fought for full custody with her getting reasonable rights of visitation. You probably would have lost, and she would get physical custody and you would get joint legal custody and reasonable visitation. But then you could have forced a sale of the house and gotten something out of that deal financially. Right now, you are at her mercy because the kids live with her and you have nowhere to keep them and no time to care for them. So she is the primary caregiver. She will get custody of the kids and you will pay child support. Get used to it. Don't file for divorce and don't sign anything. And don't give her any money now. If she keeps asking you to sign stuff, you tell her to go ahead and file for divorce if that's what she wants but you don't have to sign anything. If she wants money, tell her you don't have it. That'll get her to file. Alternatively, you could file first and try to claim full custody. Long shot, but filing first is sometimes an advantage. See a divorce attorney NOW. Explain the situation in detail and tell him what your goals are. Don't wait. If you wait to see a lawyer you will be handing her a great big stick to shove up your....
If you and your spouse were to die, who would get custody of your children?
I pray that I get to watch my children grow up. However Being an Only child, and My wife having 2 very immature brothers, I can't say who I would leave my daughter too. Not my mother, I love her to death, but she rotates men, like I do socks, and I would not want my daughter exposed to my Mothers lifestyle, and My In laws have good meaning, but are soo Judgemental and One sided and or course there age plays a part. They would be 80 when my daughter becomes a teenager and I want my daughter to have stability. It's very hard, and I have a hard time talking to my wife about it. I know we have to prepare for the future, but it scares me think that my daughter would be raised an Orphan per say. My Wife, gradually mentioned our Daughters Godmother in a conversation today, and My In laws got upset when they found out that My In Laws are not Listed on our Will as "Next of Kin" or as my Daughters guardian if something was to happen to us....The last think I want is my daughter being put through a nightmare if My wife and I die. My Mil and My mother can't stand each other, and I don't want my daughter having to choose or being kept from one grandmother. I want my daughter to grow up in a Well rounded, stable christian home. It's so hard these days to find someone like that. Goodness, What would u do?
Is it possible to give custody of your child to a friend (in Canada)?
There is a lot involved here and you need actual legal advice from an attorney licensed to practice where you are living now. Your local courthouse should have some resources for you to get your questions answered.That being said, with the permission of both parents lots of unusual arrangements can be made for children, as long as those arrangements are in the child’s best interests.Even with the permission of both parents, one issue to be resolved if your child lives away from you is legal guardianship. Arrangements need to be made to establish legal guardianship with the adult responsible for the child's care so that medical care and enrollment in school and other decisions about the child’s care and well being can be made in your absence. To move without making these arrangements could be construed as child abandonment and/or endangerment and your child could end up in the child protective/welfare/foster care system until you resolve the problems.One last thought, while Judges take into consideration the desires of children over the age of 11 or 12, no child is considered old enough to “"think for themselves” until the age of 18. Science backs this idea with the data that the area of the brain responsible for making judgements and decisions isn't finished developing until 22–24 years of age. The law requires that the child’s parents or guardians be 100% responsible for and make all important decisions for the child (whether the child likes it or not) until the required “"legal age” (usually 18).
Can I get child custody?
You need a good attorney who can tell you what your chances are in your local court and what you have to do if you have a chance for custody. Where I live, you would need to get a custody evaluation ordered by the court, to be performed by a psychologist. My personal experience is that I spent something like $20,000 in an effort to get custody of my kids. Their mom had diagnosed borderline personality disorder, which is like bipolar disorder on steroids, and a documented history of abusing them. I had no luck in large part because I ran out of money after the guardian ad litem, who just asked the oldest where he would rather live, and before the psychological evaluation. My heart goes out to you, but this is not trivial to accomplish. Also consider that if you prove your wife mentally incompetent, this may be conceding that she is unable to provide child support or may expose you to claims for alimony since she's unable to take care of herself. Ask your attorney, but I've heard of this being a two-edged sword.
Does my ex have to pay child support if I get sole custody?
My answer is based on Child Support Law in the UK. The answer is yes that a non-resident parent will have to pay child support whether or not you have sole custody of the child. This is non-negotiable for a non-resident parent unless they start contesting their genetic link with the child. This liability can be found in Section 1 of the Child Support Act 1991 as a duty to maintain. The law sees child support liability as seperate to residence and contact. Therefore, the issues are dealt with seperately. The court determines residence and contact and then child support liability is assessed by the Child Support Agency. The non-resident parent may have no contact with the child and still be made to pay child support. As for the amount, this is calculated on a combination of income and how many children there are. The formula for calculation depends on the time of seperation of the parents and by 2012 there will be three different schemes in place known as the Old Scheme, New Scheme and New New Scheme. The New New Scheme will not come into force until 2012 and therefore your maintenance will be calculated by the CSA on the basis of the new scheme (effective from 2003 and is the current scheme). Figures are calculated on gross income and as a rough guide, a non-resident parent pays 15% of income for one qualifying child, 20% for 2 and 25% for 3 or more. Under the current scheme the threshold to affect the assessment is that the child/ren stay 1 night a week (52 nights a year) with the non-resident parent and this therefore lowers the amount of child support. The CSA should be able to provide you with an explanation of how the child support is calculated although the formula at the moment is complex. Special cases will be taken into account. A non-resident parent on income support only has to pay a flat rate of £5 per week, the rest of the payment is made through social security benefits. The current government reforms will aim to make the formula simplier and calculation easier.
What constitutes child kidnapping? My spouse (the father) lives out of state, refuses to file for divorce, and neither of us has legal custody.
It will depend on the laws where the children live and where the parents live. In Texas, if there are no court orders then the parent has NOT violated any judge’s orders.Unfortunately, in situations like yours in the State of Texas, I recommend that you talk to a lawyer and discuss your options. A more complete answer cannot be given without a lot more info. Basically in Texas the judges want to the children’s lives to NOT be disrupted. So if they have been living in a certain location and going to school then the judge might NOT order that the child’s life be disrupted. Moving children can greatly impact them and judge’s don’t want to unduly burden the children. It should be the parent’s problem to learn to co-parent to minimize stress and trauma and discord on their children.
Can I move out of state with my children and then file for a divorce?
You can do whatever you want. The question is whether you’d be breaking laws and/or if such behavior would work against you in custody litigation.If you were to take your children out of state without permission from the other parent, it will reflect very badly on you when you go to court. If you file for divorce in the new state, it’s very likely the original state/county will have jurisdiction and the other parent can file to have the court proceedings happen in the original state, and is likely to be granted that right. This will mean, you’ll have to come back for the court proceedings. You’ll look bad for taking the children without the other parent’s permission.It is much wiser to sit down and talk to your spouse and let them know you want a divorce. You can work out a reasonable temporary custodial timeshare until the court decides what will happen. Judge usually do not support changes in the child’s life and are unlikely to allow you to leave the state if the other parent does not support the move.If you are afraid of your spouse, you can temporarily leave the house and file a restraining order.
Cheating Ex-wife has custody over my kids?!?
Let me start out by saying my EX is a horrible mother and a horrible spouse for our family. Everything went downhill when i caught her cheating on me from her text messages. She lied to me about having a job at night just so she can party all night at club. We filed for divorce but the only problem is that we have 2 kids together, our 3 year old son and 1 year old daughter. We had to go to court to get custody over our children BUT SHE WON THE BATTLE, I'M SCREWED! I love my children and I want what is best for them but they are living with a deadbeat women who doesn't do ****! ALSO the child support cost is so expensive! I do everything for my kids, I buy them food, I buy clothes for them, also I buy toys and I take them to fun places every weekend. BUT I CANT DO THAT NOW. SHE WON'T EVEN LET ME SEE THEM ANYMORE! PLEASE HELP!
Can my wife deny me custody of my son without going to court?
I strongly encourage you to seek an appointment with a family lawyer in your jurisdiction immediately. It is important to understand your rights and what the laws in your particular jurisdiction say regarding your situation. Please note that the following is not meant to provide legal advice but only as a brief overview of how these scenarios are handled in my jurisdiction, which is North Carolina.I recently wrote a blog on the topic of denying visitation in child custody disputes (link below), which addresses the subject in more detail.https://www.hunterheinattorneys....To answer your question, your wife may deny you visitation as much as she wants without going to court…would the denial be legal/justified and how do you stop her from denying you visitation? In short, the answer will vary greatly depending on the reasoning for the denial and whether you have a court order in place. When there is no court order in place, each parent has an equal right to time with the child involved. In the absence of a court order, it can be difficult to enforce your right to equal time without filing an action in court requesting a custody determination and visitation schedule. In the absence of a court order, it is unlikely that calling the police will help because there is no court order to enforce, and police will rarely involve themselves in such civil matters.If you have a court order, then you can file for contempt and the party denying the visitation will have to explain their reasoning for the denial. If non-justified, the denying party may be held in contempt. Such denials may also potentially be a grounds for modifying an existing child custody order.There are a number of additional steps that you may be able take depending on the specific facts of your case and your jurisdiction. It is important to take action sooner rather than later in a situation like this and I again strongly encourage you to contact an attorney in your area. Hope this helps a bit.