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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 >> custody modifcation
Feb 03
2010

Ask a Divorce Lawyer: Can we get split custodial arrangements for our kids so that we can move out of state?

Posted by Matt Allen in move out of state , Jennifer Paine , custody modifcation , Cordell Cordell, PC , Children , Ask A Lawyer

Question: We live in Texas. We have joint shared custody of my two teen stepkids. We are looking into the possibilities of moving out of state, but there is a section in the court order that we have to live in a certain county. 

One child wants to move with us, one does not. What chances are there to get full custody of the one and then move out of state, and have the other go live with his mother?

 

Sep 15
2009

Ask A Lawyer: My Ex Overdosed, Can I Get Custody Now?

Posted by pmcmahon in Richard Coffee , Parenting , drugs , drug use , custody modifcation , custody , Cordell Cordell, PC , Ask A Lawyer

Question:

My ex and I have one child together and for the past two years my ex hasn't worked. She recently got kicked out of the house she was living in because she overdosed on Vicodin. Therefore, she can't provide a roof over my son's head.

I know I have a better lifestyle than she does. Where do I start to pursue custody and what can I reasonably expect?

 

Feb 14
2008

Who Can Change the Parenting Time Schedule?

Posted by Dads Divorce in Parenting , Ken McRae , Erik Carter , custody modifcation , custody , custodial parent , Cordell Cordell, PC

by: The Attorneys of Cordell & Cordell, P.C.
 
The parenting time schedule is an order of the court, just as much as a child support order, an order to split a 401(k), or an order giving specific personal property to one spouse or the other.  Many times, the order setting out the schedule will include language such as “The parties are free to vary this schedule as they may from time to time agree” or may say that the schedule is “dependent on the children’s activities,” so that the parents have a little flexibility in rescheduling specific days or times.

Aug 29
2006

When Can My Child Decide Where to Live?

Posted by Dads Divorce in custody modifcation , custody , Cordell Cordell, PC

by The Attorneys of Cordell & Cordell, P.C.
 
A question I often hear is “How old does my child have to be before she can decide where she will live?” A derivative of that question also is “At what age can a child refuse to follow the custody schedule?” These are really two separate issues, but both seem to be cropping up frequently these days. 
Nov 29
1999

Ask a Lawyer: Father has not let me see my kids but for one summer since divorce

Posted by Dads Divorce in Visitation , UT , Parenting , denial of visitation , custody modifcation , custody , Ask A Lawyer , arrearage of child support

Question:

I am paying child support to my x. He raised child support above what I was making and could not afford it thus causing garnishment of wages, which was fine. But then I lost my job a year ago at no fault of my own and there are no comparable jobs. I now work for just over a third of what I used to make at half the hours. He still is garnishing me for the full amount which he knows I don't make. He has not let me see my kids but one summer since the divorce and it was for about 4 weeks if that. I had to work a second job to afford to see them because I was required to travel to pick them up and travel to return them. I live 2,500 miles away. He also does not let them call me unless I call them first. When they do call it's because he wants some more money and then he lets them talk for 5 to 15 min each tops, even though they want to talk more. Their ages are 13, 11, 9, 7 and none of them want to live with him. When I divorced him I didnt have a very good lawyer because I didnt know what I was doing. and I got walked over on it. And I didn't have the money like he does. He brings in near 4,000 a month net pay. His new wife also is going through mental abuse issues with him such as I had. When we were divorced a restraining order was placed on him for violent and abusive behavior which was later dismissed at my permission. I want to know what legal rights I have to get custody. If I pay child support I should have visitation and 4 weeks out of the last 6 years is not sufficient per the agreement. We have joint custody him being custodial.

Answer:

I can not answer your question specifically to the laws of Utah as I am not lisenced in that State. In most jurisdictions, a failure to pay child support does not allow the other parent to deny you visitation. It is unclear if you have specific court order for the amount of visitation. If you do not have specific times for visitation, I suggest that you file a Motion to Modify the visitation schedule. You can also ask the court to set a telephone contact schedule if that has been a problem. If you have a specific schedule and you are being denied that custody time, file a motion to enforce the order of visitation. This would be a Motion for Contempt or Motion for Family Access. The court may order additional time with the children to make up the time that has been missed. Further, if you have had a significant reduction of income and the reduction was involuntary, you should file a Motion to Modify the child support amount. The standard for a Modification of Custody (as compared to modifying visitation only) is often very high. The Motion to Modify custody is very fact driven and there really is not sufficient facts prensented to provide a full accessment of your case. Your oldest child (perhaps the oldest two chldren) is probably old enough to express his/her wishes with regard to custody. However, the child's wishes are really only one factor. The fact that the step mother has a mental disorder could be helpful if the disorder affects the children. Finally, the fact that you have been denied custody would be a factor in your favor. However, the fact that the children have been in his custody and this proposed change would be very significant considering the distance that you would relocate the children are substantial hurdles to overcome. One final note, if you are behind a lot of money in child support, you need to be aware that most states have criminal nonsupport provisions that make it a felony if you exceed a specific amount of child support arrears.