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 >> primary
 Question:
My ex-wife and I have joint custody of our son. She has him one more day a week than I do. In our divorce decree it states that we shall make all decisions for our son together if we cannot reach an agreement then a mediator will step in and make it for us. In the divorce decree it states that she is primary custodian, please explain to me what this exactly means, she thinks it means that if we cant agree on something together that she ultimately gets to make the final decision for our son.
Thank you,
Steve, Oklahoma
|
|
Posted by Dads Divorce in Visitation , primary , Parenting , motion , Modification , MO , judgment , custody , custody , consent , Ask A Lawyer
|
Question: I have a 17 year old daughter that I want to have the legal claim of custodial parent. My ex is willing to sign over this right. The state dept that we spoke with said we need to have an attorney to get this done. Can you tell me what needs to be done and suggest an attorney? Answer: If the matter is by consent you need to file a Motion to Modify (along with a proposed parenting plan, financial statements and a filing fee check) in the Court that entered the divorce or paternity judgment. The Motion needs to be served upon the mother or she needs to file a waiver of service. After thirty days following service/waiver you can submit a proposed judgment to the court. Some judges will allow you to file the judgment with an affidavit from both parties so no court appearance is necessary. If you are not allowed to submit by affidavit a short court appearance is required. It may also be necessary for both parents to complete a parent education class. Please feel free to contact Cordell and Cordell P.C. at 1-866-DADS-LAW for a consultation.
|
|
Posted by Dads Divorce in Visitation , relocation , primary , Parenting , OH , multi-state , move , motion , Modification , custody , custody , contest , Children , Ask A Lawyer
|
Question: I live in Ohio and have accepted a great job in North Carolina. This would be an increase in pay, promotion, better city, better schools. My ex-wife moved two hours away from her son after our divorce and now lives in another city in Ohio. She is threatening to contest my move as she claims it would not be in the best interest of the child as she would not be able to visit as often and the travel time would be too long. I hammered out a visitation schedule that would allow more time than is currently alloted and suggested that my son fly for his visitations. She has balked on this and has also balked on working through mediation. From the time we separated, I have kept a journal of my ex's visitation and have pages and pages dating back four years of her inconsistent visitations. She has willingly missed his first day of pre-school, kindergarten, and either I or my current wife take him to all medical and dental appointments. She only attended two of his 8 soccer games this fall, made him miss a game so that she could attend a birthday party for her fiance's cousin's birthday and missed his trophy ceremony because she had a massage scheduled. Her lack of interest has been documented up to as late as last weekend when he came home after being with her for only 36 hours with his nose literally skinned, raw and bleeding from where she claims she tried to wipe his nose even though he did not have a cold (I took pictures). She wears her children like an accessory and I have documented many times - more often than not - where my parents have our son more than she does when he is supposed to be visiting with her. I have many witnesses to her neglect from his baby sitter, to family, to school teachers, mutual friends, ex-boyfriends, to co-workers, (hers and mine). With this in mind, can she still prevent me from moving? 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 Ohio. In most jurisdictions the standard for relocation in the event a parent objects is what is in the best interest of the child. It sounds like you have a good case to fight her and win. However, your job may be gone by that time as you may be looking at fighting this issue in court with her. I advise filing with court as soon as possible and putting the ball in her court to see if she really fights you.
|
