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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> addiction
Oct 21
2009

Ask A Lawyer: Can I Get A Review Of Custody?

Posted by pmcmahon in Richard Coffee , custody , Cordell Cordell, PC , Ask A Lawyer , addiction

Question:

My son was court ordered to live with his father at the age of 7 due to my addiction to drugs. He is now 10, and I have been clean for over one year now.

He has never wanted to live with his father and now his desire to return home with me is consuming his everyday life! His grades and attitude are being affected because his father refuses to let him live with me simply because he wants to keep him rather than help make him happy!

I'm afraid to return to court and losing again due to the fact that he has more money and because of my background.  However, I would be letting my son down by not fighting for what he truly wants more than anything, which is to simply be back with his mommy!

Nov 29
1999

Ask a Lawyer: Can a drug-addicted mother go 6 months without seeing her child?

Posted by Dads Divorce in Visitation , supervised visitation , Parenting , MO , drugs , custody , Ask A Lawyer , addiction

Question:

The mother has to be supervised to see her 5 yr old with her parents and it's been 6 months since they've came. It's June now and in December she had a baby and they were both addicted to drugs so her 2nd child is under the state's protective custody. She had to do 30 days in a rehab program after all that. Well, after the 30 days she was supposed to test weekly and call somewhere daily to make sure she was staying clean. Of course, she failed so she has a 60 day program. I don't know what she's doing now but by the end of the year, her child will go up for adoption. Can she lose her rights to see the 5 yr old? The father has full physical custody and more. She goes 6 to 9 months at a time without seeing him. Can she do that? The 5 yr old hardly knows her. Since he was two, she's maybe seen him 20 times in over 3 yrs. Can she just call whenever and expect him to go with them. We have police reports too that her parents have left her alone with him so they didn't follow court orders several times. My 5yr old stepson is hurting the worst. She just comes in and out and I don't want my stepson to hurt anymore.

Answer:

Can the mother request the father to allow her visits every six months? Sure she can ask, but if there is a court ordered visitation schedule and the time period that she requests is outside of the visitation schedule, the father can say no, she cannot come see the child at that time. If there is not a court ordered visitation schedule the father needs to file for divorce or for a paternity action immediately to secure a schedule that restricts her access to the child.
Nov 29
1999

Ask a Lawyer: Should I be worried about losing custody?

Posted by Dads Divorce in Visitation , Parenting , motion , MO , grandparent , drugs , custody , custody , Ask A Lawyer , addiction

Question:

I have a 10 year old daughter that I have been the custodial parent of for almost four years now. My daughter's mother has indicated that she is going to pursue getting custody of our daughter. My family life has not changed. I have been with my new wife for over 5 years now. We have a nice 5 bedroom house and I have been at the same job for amost 4 years now. My daughter has attended the same school for the last 4 years. My ex has not made her child support payments EVER. Can you say "deadbeat MOM!" She is wanting to turn her life upsidedown, send her to a different school, and take her away from her other siblings(we have a blended family of 4). My last experience in family court was a nightmare. The judge threated to financially cripple me if I insisted we go to trial. It was Friday an she wanted to get out of there early. How concerned should I be over loosing my daughter? I know this would be a non issue if I was a woman, but as a father I am worried! My cousin Doug just lost his children to an ex that tested positive for Crack and Meth, and was thrown out of a court ordered treatment program. Thank you

Answer:

Based upon the information provided you should have a very solid case. The standard is high to modify custody. The moving party must show a substantial and continuing change of circumstances with the other parent or the child to such an extent that it is in the best interest of the child that custody be modified. Based upon this standard, if there has not been a change with you or your family the mother should not prevail. However, to modify the visitation schedule it is only necessary for the mother to show that a change in the schedule would be in the best interest of the child. I strongly urge you to retain counsel to represent and guide you through this process. Even though you have the advantage from the start based upon the current schedule you do not want to take a motion to modify lightly. You will need to defend your case and at a minimum you do not want to lose on a technicality that a non-attorney is not generally aware.
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