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.
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Posted by Dads Divorce in Visitation , Rules , Procedures , motion , modifcation , IN , desires , custody , child testimony , Ask A Lawyer , age
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Question: My grandson will be 11 years old in Feb 06. For the past 3 years, he has said that he would like to live with his father who pays support to mom. What are the steps we need to take for this to happen??? In the state of Indiana, I was told that a child can go before the courts and request that he would like to change residency. Is this true? My son also has a joint custody spelled out in the divorce deed, he has custody 4 days out of the week. Any advice as to we begin the process would truly be appreciated. Answer: I cannot answer your question specifically to the laws of Indiana as I am not licensed in that State. In my jurisdiction a child can testify concerning his/her wishes when they can understand the oath to tell the truth. Outside of abuse issues, it is frowned upon to bring a very young child into the court. Generally around the age of 12 years old, a court will listen to the child's wishes. However, the child's voice is often like a whisper. As the child matures his voice becomes louder. Many cases have started and failed based upon a child telling one parent that they want to live with them and then when it is time to go to court the child changes his mind or there was a misunderstanding. I have witnessed a child state that he wanted to live with dad, but really just wanted additional visitation time. I am slightly confused by the facts presented. If father already has four overnights each week, he has the majority of the custody time and outside a huge difference in income would receive, not pay child support. To begin the process you would file a Motion to Modify Child Support and Child Custody.
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Posted by Dads Divorce in well-being , Visitation , siblings , Parenting , multiple divorces , motion , GA , emotional , custody , custody , Ask A Lawyer , age
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Question: My ex-wife has signed over custody of my thirteen year old son to my current wife and myself. We have one other son together, he is 11. I found out last night that she and her current husband are going through a divorce. What are the chances of getting my youngest son with me too, so he does not have to go through the divorce scene again? I am really concerned about his emotional well being. He and his step dad were pretty close, unlike the thirteen year old and the step dad. I really need some advice. We live in Georgia. Answer: I am not currently licensed in your State and therefore cannot answer your question specifically to the laws of GA. Generally, I believe you have a solid basis for a Motion to Modify Custody. The mother's situation is in flux and that could involve a change of school, new home and other negative aspects of the divorce. Furthermore you sons are of a similar age and courts are very reluctant to separate siblings.
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Posted by Dads Divorce in support , MO , majority , Maintenance , emancipation , education , college , Child Support , child , Ask A Lawyer , age
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Question: My son attended one year of college and has decided to drop out. He is now taking a single course for two days a week and 4 hours a day. This is being offered by an Adult Training Center. When I contacted them about College Credit hours, they spoke about CEU's and said that it was up to an individual college to determine what these credits would be. Doesn't sound like college accredited hours. It does not seem possible that this could meet Missouri's law for 12 hours of college credits per semester. His mother has not given me a transcript or other official document to verify his eligibility. I pay support for three children, can I divide my amount by three and pay two thirds and place the burden of proof on her? Answer: Based upon the above facts, you may have a child who is emancipated. You need to file a Motion to Emancipate the child. You should check with your local courthouse as some counties have preprinted forms of the Motion to Emancipate, but some do not. You can not just modify child support without having the Court modify your support Order accordingly. Additionally, if your child support Order does not provide for a breakdown for two children, a new child support number will need to be figured. You can not just divide the number by children and reduce accordingly. I suggest you seek advise of counsel in determing what needs to be done to achieve your objectives.
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Posted by Dads Divorce in TN , support , majority , Maintenance , emancipation , education , college , Child Support , child , Ask A Lawyer , age
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Question: My son turns 18 on December 2 and my last support check was prorated to his birthday. My son is still in High School and I have heard that support is not supposed to end until he graduates. Our divorce occured in 1988. I was wondering if the support was to continue or end. 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 Tennessee. Usually it is 18 or graduation, whichever is later. You can call your state agency for child support and see what information they can provide.
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