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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> custody
Nov 29, 1999

Question:

My son wants to live with me and my current wife. My ex just sat him down with her mom and aunt and other adult family members and told him that he would NEVER live with me and he would never see his sister again. She's (11), she wants to stay with her mom and that is great, but my boy wants to live with me. She is scaring him to death and I need to know what I can do. Can I request a closed chamber so my son can tell the judge what he wants and none of us will know what is said that way he is safe in his thoughts and feelings? She just keeps threatening him about money and how hurt she is, which is understandable. Right now we have joint custody. I have Sunday to Sunday and she has Sunday to Sunday and each of us has a visit during the week, when the kids are with the other parent. We (me and My wife) are moving, and that is where this has come from. I am relocating with my company, I will be with the same company, in a new position. New town and state, but we are staying on the MO side, whil I work in Ks .

Answer:

I am not licensed in your state. It is always recommended that you consult an attorney in your state as well. If you are relocating, the current schedule you have will not be feasible. The court will consider your child's best interest when determining custody. The court will also consider the reason for your move. I recommend addressing the move with the court before moving. You will need to show that moving the child from his current home, school, relatives, friends and mother is in his best interest.

Nov 29, 1999

Question:

My ex-wife and I share Joint Legal custody; however she has physical custody of the two children (eight yr-old daughter and three yr-old son). My kids get to visit one day during the week after school, every other weekend, half of all school breaks and we alternate holidays every year. My past weekend visit in which the kids were in my custody, I gave my three yr-old a hair cut. Upon dropping him off at his mother

Nov 29, 1999

Question:

I moved to Florida from Wisconsin in December of 2006 and have not seen my children since then. I have purchased tickets for my children to visit me for two weeks this August. However, my ex-wife does NOT want to send my minor children. She wants me to come to Milwaukee, WI to see them. We got divorced pro se in 2004 and have joint custody. I am paying my child support regularly. Although we don't have any formal visitation agreement, I feel it is well within my parental rights to see my children (at my expense) for two weeks this summer. If she continues to remain vindictive and irrational, must I get a court order to enforce my visitation? Will the courts back me?

Answer:

I am not licensed in Wisconsin so I do not know what guidelines, if any, they utilize concerning support. I would also need to see your Decree to determine what visitation rights you have. Regardless, you have a right to see your children. If your ex is not allowing the visits to occur then you will need to take her to court. Either to enforce the rights you have or to establish a visitation schedule. Generally, the only reason I can see that the court would not want the children to fly alone is if they are very very young. I recommend contacting an attorney in Wisconsin to determine the next step to take.

Nov 29, 1999

Question:

What does this mean? "For purposes of all Federal and State laws, the mother will be primary custodial parent of these children." If she decides to relocate, can she take the kids with her - there is provision in the CO that states neither of us can without giving at least a MINIMUM of 90 days advance notice. We currently all reside in the same town - with all grandparents and relatives also living there or nearby. My ex wife has stated she wants to move up north to be closer to a boyfriend and with her company but her job now is close to home.

Answer:

I am not licensed in West Virginia. The provision that you quoted gives you

Nov 29, 1999

Question:

At what age can a child have a say in which parent they choose to live with in the state of Washington?

Answer:

I am not licensed in Washington. Laws concerning custody will vary from state to state so also seek the advice of an attorney in your state. While most states will have an age at which more consideration is given to the child's wishes it is unlikely to be the only factor. Courts decide custody based on the child's best interest. Since minors can determine what is in their best interest, they cannot decide where to live. That does not mean that the court will not factor in their wishes especially if they are older. Consult an attorney in your state to determine how much weight is given to child's wishes in your state.

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