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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 >> grandparent
Is it legal for my fiancé’s parents and mother in law to deny him his son's phone number and visitation rights? Right now he is not allowed to call his son or to take him out alone. These are the rules of the grandparents, not of the court. There is no court ruling him to be an unfit parent or anything else for that matter. The child just lives with the grandmother in New York while the father is in Maine.
Question: My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time? Answer: I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel.
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.
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. |
