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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.
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Ask a Lawyer: Getting my child back

Nov 29, 1999

Question:

I gave my ex-wife custody of one of our two children in an uncontested divorce. She has our five year old and I have our twelve year old. My five year old stays with me every night along with my twelve year old which I have custody of. I feel like my ex-wife does not have a safe environment for either of our children, and I want to get custody of my five year old also. Do i have a chance and how do I go about it?

Answer:

Any modification of custody is going to be based upon the specific and detailed facts of the case. There is not enough information and facts provided in your question to assess the chance of success. Generally the standard to modify custody is difficult. The fact that you have custody of one sibling is a positive factor. If you can show that the child is truly unsafe at mother's residence you would have a good change of custody. You should retain an attorney and explore filing a Motion to Modify custody.

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Ask a Lawyer: Regaining custody from a grandparent

Nov 29, 1999

Question:

My son currently resides with his grandparent per temporary order. I want him back. Her living environment is unhealthy. I also believe she is planning on leaving the state. She only wants my son so she can get state money for him and to hurt me. I need to know what I can do to get him back without costing me a lot of money as I don't have a lot.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Washington. You have not told me why she took custody of your son. Whatever the reason, assuming it is a fitness issue of yours, you must remedy all issues that were the problems. Also, you must have some proof of her living environment being unhealthy. These steps are your best chance of recovering custody of your son.

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Ask a Lawyer: My huband & I live in Idaho but his kids live in California...

Nov 29, 1999

Question:

My husband & his ex got divorced and all visitation was set up in California in 1993-94. He has lived out of state since mid 1994 and his ex, on past occasions, has refused visitation. Now his 14 year old would like to try living with us. Do we have to go to court to do that? Also what rights does he have as a non custodial parent if he feels that his daughter is not in a healthy environment?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of California. You need to go back to the original Court or file a Motion to Register Foreign Judgement in your state. You should modify the Court Order, otherwise you will not have any ability to enforce the agreement if she backs out.

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