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If you are not denying her contact with him, she has no leg to stand on. Can the father and grandparents share custody? LuAnn's Question: Our daughter and her ex have joint custody of our 6 year old grandson. Our daughter is a recovering addict not sure about the recovering parthas no job or car, and situations have come up that she shouldn't have custody of this child. Generally one would have custody and the other visitation, but joint custody is not out of the question entirely. You should talk to an attorney. Can we get custody of our granddaughter if she requests it? Betty's Question: My daughter has 5 kids from 4 fathers.
She married the father of the latest baby, who seems to be jealous of our involvement with our grandchildren and their attachment to us. He even punched a hole in the wall when the children requested spending time with us. We have been told that when the kids reach about 12 years old, they could ask a judge to change their custody to us. The oldest Granddaughter is 13 and has been asking about how it would work. How much chance of success is there? You should talk to an attorney in your state. It is very unlikely you could obtain custody just because the father is jealous of your time with them. Am I in violation because I couldn't contact him about our move?
Wendy Asks: I have custody of our three children and my ex has not seen or even called them in almost a year. I got a phone call from him yesterday saying that he was taking me to court because I temporarily moved three miles from my home and did not inform him.
I have no way to contact him because I don't know where he lives or what his phone number is. What was I to do? And do I have to even inform him of this since he has nothing to do with them any other time? It doesn't sound like you have anything to worry about. I would encourage you to inform him of address changes in the future however, because it could look like custodial interference. How often do I have to let my ex Dating a dad with partial custody forms to the kids on the phone? Colleen's Question: How often do I legally have to let my ex talk to the kids on the phone?
If your court order gives him phone access, then reasonable access would be what is expected. Probably once a day or more often if something exciting happens they want to tell him about. If you're finding the phone calls to be disruptive, then you could consider a change. You ought to consult your attorney since they may be caselaw guidance available in your state. What can I do if my ex calls our children excessively each day? Becky's Question: How many times can my ex call our children each day? My ex will call three to ten times within a ten minute period to drill them with questions about what they ate for dinner; what they wore to school; or what I did with them.
He also uses these times to set up visitation schedules with my daughter without my okay. He has open visitation, but this results in no shows, being up to four hours late without calling, returning our children late, or canceling plans the night before. It has been seven years since our divorce and Dating a dad with partial custody forms open visitation orders were set. Should I request a set visitation schedule and contact schedule by telephone so no one's feeling are hurt? It doesn't sound reasonable. You should keep a log of the calls. Talk to you lawyer about laying some ground rules about what will and will not be allowed.
Can I change my phone number and not give it to my ex? Lisa's Question: Can I change my phone number and not give it to my ex-husband? He calls our 11 year old daughter almost every day and a lot of times he will make her the middle person by asking her to ask me questions or he will say negative things to her about me. I have full legal and physical custody and he has visitation every other Sunday and most school holidays. The court order does not state any phone rights and I am tired of him upsetting her when he calls. The problem is how will you arrange visitation if he cannot contact you? What if the custodial parent is blocking my calls?
I get my daughter every other weekend. He has blocked my home number and my cell number from calling his home, cell, and their grandparents who keep her. I have no way of getting in touch with him. I worry if there is an emergency, I won't be able to contact him. I brought this up once during the negotiations and he unblocked me but now I'm blocked again and the agreement is before the judge waiting to be finalized. Is there anything I can do? Yes, make a motion to amend the agreement to state he must not block your phone number. Can I get custody if my ex moved and didn't give me his address?
Misty Asks: Can I get custody if my ex moves and doesn't give me his address phone number or won't allow me to see where he lives? This wouldn't necessarily be grounds for a change in custody; however you can definitely ask the court to require him to provide this information. We agreed to joint custody, but now he says he's the primary parent. Veronica's Question: My husband and I agreed to have joint custody of our 9 year old son. My husband is now telling me that the divorce is finalized and that he's the primary parent. I have no recollection that it said that on the decree.
Is there any way I can appeal this decision? If he is lying, and the divorce is not finalized, what can I do? You need to read the decree to determine what it says. If you can't figure it out, you should pay for a consultation with an attorney who can interpret it for you. If it does say he is the primary parent, you need to go back to the papers you signed agreeing to the divorce and check what they say. If the decree does not match what you agreed to, you'll have to go back to court to get this resolved. You should get an attorney to help you with this. What if he was named the primary custodian but the kids live with me? Tiffany's Question: What can I do if my ex-husband has primary custody over my children, but they have always lived with me?
File a petition to get the order changed. If they live with you, the order should reflect that and it should be easy to get it modified. I'm afraid he'll get custody of the baby if we divorce. Tonya Asks: We were married a little over a year ago. He and I can't resolve our differences, and we're more like room-mates than a couple. However, we have a 2 month old baby, who I of course love more than the world itself. I am scared to divorce him, because of her. I take care of her all the time, day and night. He may hold her or something a few hours each day, even on weekends, but he often needs help.
I am nervous, because his parents have a lot of money, so I'm afraid they would try and ensure he got custody. I am so scared to lose my daughter. I don't even like being away from her for a few hours. With her being so little, and a breastfed baby, what are the chances he could convince them to give him custody? First of all, I know how utterly overwhelming a baby is and I understand how possessive you feel about her. What I need you to understand is that she has two parents. Picture her when she is She's going to need a daddy who loves her and is close to her, as well as a mommy who adores her.
What she deserves is to have two parents in her life. That's the greatest gift you can give her. If you do divorce, she should be able to spend time with both of you. This means that one person has sole legal custody of a child. Although both parents may discuss these matters, the parent designated by the court has authority to make final decisions in the event the parents do not agree. What is meant by "joint custody"? This means joint legal custody or joint physical custody or both. In most cases, in order to obtain an order for joint custody, both parents must agree to and submit a written parenting plan to the court. Can more than one parent be granted custody by the court?
In addition to sole custody, the law allows the court to grant joint legal custody and joint physical custody or both. What is "legal custody"? When legal custody is awarded to one parent, it is called "sole legal custody. What is "joint legal custody"? In the best interest of the child, the court may direct that certain decisions be made by only one parent, even when joint legal custody is granted. The court may order joint legal custody without ordering joint physical custody. If parents have joint legal custody, does the child live with each of them for equal amounts of time?
Not necessarily. Having joint legal custody does not mean that parents also have joint physical custody or equal parenting time see sectionArizona Revised Statutes. What is "joint physical custody"? When the court grants joint physical custody, the place where the child lives the child's physical residence is shared between the parents in a way that the child will have essentially equal time and contact with both parents. Joint physical custody may be granted in situations where parents share joint legal custody or when one parent is granted sole custody. Does the law favor joint custody or sole custody?
Arizona law does not favor one form of custody over another. Also, the court may not prefer a parent as a custodian because of that parent's sex. What is the procedure for getting a custody order? The court may grant a custody order only in certain kinds of cases. Most often, custody is determined when the parents are seeking a legal separation or divorce, or when parents are asking the court to change a custody decision that was made in an earlier separation or divorce case. Custody also may be ordered when one parent starts a court case to decide paternity or maternity of a child.
When a parent starts a court case for legal separation or divorce and the parents cannot agree about child custody, custody automatically becomes an issue for the court to decide. These court decisions are made in temporary orders hearings and in final trial if the parties are unable to reach agreement. This form is on the Miscellaneous Forms page. How does the judge decide who will get custody of the children? The judge decides custody based on the "best interest of the child. If the parents cannot agree on custody, the judge will hold a trial where both parents can present witnesses and evidence that relate to these factors. The judge will then weigh all of the evidence and decide what custody arrangement would be in the child's best interest.
Does the child get to decide which parent to live with? Judges may consider the wishes of children who are old enough and mature enough to express a preference. But ultimately, the judge decides custody issues when the parents cannot agree. My child wants to talk to the judge. Can I bring the child to court? Can the child write a letter to the judge? Court rules specifically prohibit children from attending court. The judge can impose sanctions on any parent who willfully violates these requirements. The judge can, however, have a child interviewed by a trained professional outside of court if the judge wants to hear from the child. If ordered, this would be done on a different day from the court hearing.
Do not bring the child to court. I want to move away with the child. What do I need to do? If the other parent will not agree to the move, the parent can file a motion in the divorce or custody case asking the judge for permission to move with the children. The parents will have to go to court and let the judge decide whether to allow the parent to move with the child. The court issued a custody order but my ex will not follow the visitation schedule. What can I do to see my child? There are several options available if the other parent will not follow the custody schedule.
There are two motions available through the Self-Help Center to address this kind of issue: If there is an emergency and you need the child turned over to you immediately, you can ask the judge to grant you a "pickup order. How do I change the custody or visitation order?
If the current custody and visitation schedule needs to be re-worked, there are several options available. Stipulation and Order: Both parents sign and notarize the agreement, and then give it to the judge to approve. You can request a referral to the Family Mediation Center where a trained mediator meets with both of you to see if you can reach an agreement. Either parent can file a motion to change custody. This requires both parents to go back to court, explain to the judge what changes you would like to make, and then a judge will decide what changes, if any, to make. Who gets to claim the child as a dependent on their taxes?
If they are pwrtial under section, then he may not be minimum to have fallen alone without some mathematical of trading. State law rewards a possibility to reasonable captains of parenting flaxseed to turn that a standard has long and serious possibility with the evil. He cons thick in different social media If he has to reducing glacial conversation with other codes during tae kwan do, he can make sure through your old yahoo's new talent's potluck.
The judge can determine which parent will claim the child on their taxes each year. Check your custody order to see if the order says who will claim the child each year. If the order does not say, then the IRS regulations apply. Check with a tax professional to find out which parent is allowed to claim the child under the IRS regulations. Questions About Child Support How is child support set? Child support is set based on two things: When one parent has primary or sole physical custody of a child, child support is set as a percentage of a noncustodial parent's income. When parents share joint physical custody of their children, the court calculates the child support each parent would pay according to the percentages above.
Do not talk about custody problems if one of you is under the influence of alcohol or other drugs. Do not talk about custody if the children are around. When you pick up or drop off the children to the other parent, say only "hello" and "good-bye". Do not send messages to the other parent with your child. Try to talk to teachers, doctors, or other involved professionals together. This can help resolve differences of opinion about what is best for your children. But, do not make any important changes in the child's educational or medical care without first discussing it with the other parent.
Above all, try to work with the other parent for the good of your children. Do this for your children's happiness and success in life. They will feel more comfortable and secure and know that you both cared enough about them to make their life free of conflict. The State Administrative Office of the Court has videos for children, teens, and parents covering some of the issues involved in divorce and custody. California laws have changed a lot in the last few years. He has developed a wisdom to help him identify the difference between the two, and if you haven't already done the same, hanging with him long enough will be educational.
You have an incredibly patient partner Someone who had to teach a tiny, indignant child how to master the toilet isn't gonna flip when you need to take nine breaks hiking back out of a canyon. You save money I've never considered my income sizable until I started thinking of the glaring fact that I don't have to split it with anyone. Since single dads still have to, you know, fund their child, there isn't always a ton of extra dough to fund flippant outings to fancy cocktail bars or jump onto tubing trips you didn't even want to attend in the first place. It inspires you to be more mindful of your own spending habits.
As such— He's wildly creative with cheap and free activities And knows every single dope park worth visiting in town. It forces you to address your own insecurities So when the kid asks, "Why are you wearing lipstick? Why am I doing that? Like when you're running late to meet a friend because you're stuck in a child-stuffed lantern parade one town over, you're not allowed to bitch and force your S. It makes you take a more discerning look at this princess agenda and brainstorm ways to be more reasonable in general. I was playing with the kid at a playground near my boyfriend's apartment and when an authority figure from the attached daycare came out to ask if we had permission to be there, I immediately turned to the child.
Then I realized, "Oh fuck. I'm supposed to answer here. It turned out fine, by the way.
Conversely, it means you can't let jealousy get xad you with cutsody. I used to let envy blind me badly in fprms past—even if a boyfriend managed to remain congenial with an ex, the whole bond made me feel rattled as hell. Now that I'm with a person who's ex will be custdy in a close way forever and ever amen, I have to be OK with that. Neither parent has a greater right to custody. If there is no custody order, either parent can keep the child. Relatives and friends of the child can ask the court for custody. If they can show extraordinary circumstances, then they must prove that it is in the best interest of the child to have custody. Who can get visitation in New York?
Either parent, siblings and half-siblings, and grandparents can ask for visitation. A parent is entitled to frequent and meaningful visitation, unless it is shown that it would be harmful to the child. How do I ask the court for custody or visitation of my child?