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 >> modify
 Question:
Seven years ago I got joint custody of my son with his mother getting primary caregiver. It states in our papers that I must agree upon a school before she moves him. In the past 5 years she has moved him to 4 different schools and this year he may fail. She told him that the school was just too hard. She never consulted with me about moving him to different schools before. If she tries to move him to another school once again, is there anything that I can do to try and get custody of him so that he can stay at one school?
|
|
Posted by Dads Divorce in Visitation , Visitation , pro se , prison , Parenting , motion , modify , MO , custody , custody , Ask A Lawyer
|
Question: I have custody of my three children. My ex just recently went to jail. How can I change visitation and other items on the divorce degree? I cannot afford an attorney. Can I do this on my own? Answer: I suggest that you contact legal aid or an agency similar to Catholic Legal Charity. You can also contact the local Bar Association and attempt to find an attorney that will take your case pro bono or at a reduced fee. You can always file something pro se, but I would not recommend that to anyone. The facts in your case seem fairly straight forward if the children's mother is in jail for any significant period of time. However, there are procedures that can trip you up and issues that you may not consider.
|
|
Posted by Dads Divorce in Visitation , ruling , Rules , Procedures , motion , modify , Modification , MO , custody , child , Ask A Lawyer
|
Question: I have been involved in a custody dispute for almost a year now, I even requested a GAL for my son. Initially, the GAL sided with my son's mother, but there had been some significant changes since. Eight months after the initial hearing, my attorney filed to reopen the case due to my son being held back in first grade and lack of his mother to allow me to talk with him on the phone. The GAL agreed that now my son would be better off with me and pleaded with the judge to reopen the case, which he would not do. Three months later, we still have no decision and my son will soon be starting school. To make matter worse, my son's mother is spending nights at another man's home and my son has to sleep on the couch. My question is, what can be done to get the judge to make a decision and do you have any suggestions? My attorney is not interested in trying to force/pressure the judge to make a decision. Thank you for your advice. Answer: I will assume that you tried the matter and the court took the matter under advisement. Since the end of the trial there have been additional problems. Your attorney properly filed a Motion to Reopen the evidence. It is odd that the court would not take additional evidence particularly if the GAL's opinion has changed. You could consider filing a Writ asking the Court of Appeals to order the evidence reopened. That can be expensive and has a high failure rate. Otherwise you will need to wait for the decision and then file a Motion to Set Aside the Judgment. If that is unsuccessful you can then appeal to the higher court.
Question: My ex filed a petition to modify in 2002, but she never went through with it. Now in 2007, she is trying to go back to the 2002 petition and is asking for back pay for both pay raises and college expenses. We live in Illinois and there was no order to pay college expenses. Answer: I am not licensed in Illinois. Since laws vary from state to state you should also contact an attorney licensed in your state. I am guessing that your question is whether your ex can ask for a retroactive modification back to the date she filed her original petition. Some states will modify support back to the date of the petition. However, the modification is usually complete withing a year not five. I think you have an argument that any modification not be retroactive to 2002 because you did not cause the delay. I am surprised that the court did not dismiss the petition for her failure to prosecute. As for college expenses, that too will be determined by the law of your state. Some states do provide for payment of college expenses while others do not. Some factors that should be considered are your income, ex's income and the child contribution.
|
|
Posted by Dads Divorce in UT , paternity , modify , Modification , Legal Strategy , father , custody , child , biological , Ask A Lawyer , adoption
|
Question: I have had custody of my 2 children for 4 years. During the divorce, I found out that my oldest son is not my biological son. At his birth, I signed paternity papers, basically adopting him. My wife has filed for a change of custody, after 4 years stating that I am not his biological father. The DNA test was documented in the divorce showing that I am not and it was ruled that, because of the paternity papers, I am the father. The biological father has been in jail for the last 7 years for assault and drugs. She has brought him into the picture through the courts and is saying that she should have custody of both children and that she is going to tell my son that I am not his father. He is only 10 years old. Will a judge really give her custody because I am not his biological father and take away both of my children? Isn't this damaging to my relationship with my son? Can I keep the children and have her reduced to supervised visitation? 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 Utah. Since the initial custody order was put into place it sounds as though it was acknowledged that you are not the father. If that is the case, most states bar her from later bringing this point to the attention of the court as a means to gain custody. As far as supervised visitation, you must show that your children are in danger being with her alone without supervision. This is a high barrier to clear so will need to have evidence beyond what you have asserted in your question.
<< Start < Prev 1 2 Next > End >> |
