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| 15 year old daughter wants to stay with me |
| Child Custody & Visitation |
This started Tuesday night July 28th at 9:30 arizona time which is 12:30am Massachusetts time:
Because my daughter doesn't want to call her mother everyday and every night among other things:
Well her mother called her screaming over a laptop, then told Sam to f*** herself. Then told her to stay here if that is what she wants so Sam said fine and hung up. She started crying and shaking uncontrollably. gail called back and I took the phone and gail said f*** you Ron keep her.
then Rach called Gail trying to diffuse the crap and she started with her, saying Sam is a f***ing b**** keep her. Saying Sam ruined her life and sam is a manipulative little b**** who ruined her life again. At that point Rach told Gail calm down and think on what you are saying. Well she started bawling and said keep her I dont want her. So Rach again told her to calm down again and Rach would talk to her later.
I held Sam while she bawled, and we decided Sam is staying. enough is enough.
She does this to sam on a monthly almost weekly basis.
We got up Wednesday for a doctor's appt and headed to the court house to start proceedings then Gail texted and told Sam to stay here. this is what she said:
FWD: Iwill honor wishes 2 stay w poppi. love u baby 4 ever. i am sorry i made u cry. love u 4 ever. i am glad u found peace. later... Read More
she sent sam with her birth certificate and social security card so we got sams id card for az.
we are enrolling her in school and got her immunizations records already.
gail called wedneday night saying that she is not gonna fight us, but her boyfriend started texting Me threatening ME.
Anyway I dont feel it needs to go to court like her boyfriend is threatening cause things like this happen alot and usually it can be done without courts and all that crap and Sam will be 16 in november.
she refuses to get on the plane to go back and I already calmly said nO she is staying here.
Anyway i am staying level headed and not getting upset.
I want what is best for Sam and that is to be here in a loving home where she can be a kid.... Read More
Saturday morning August 1st:
Now to make matters worse she texts me and Sam and says she has now decided Samantha is to come home on the 7th. She is an alcoholic, abusive, locks herself in her room all day and doesn't pay any mind to Sam at all.
I have already contacted the police on the matter and with sam's age well i was told Sam will have a say.
Sam is ready to be open and honest with how things are in the home she has been living in and it is not good for her to go back.
the constant fighting, drama, alcoholism, being told she is at fault for ruining her mothers life, to go live with me *which is what she wants anyway*, the screaming.
so do I have a leg to stand on is what i am asking here.
i want what is best for my daughter
my daughter wrote a blog that is really sad and upsetting about it all.
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| Termination of child support order |
| Child Support |
My husband's daughter has reached the age of 18 and is attending full-time undergraduate studies in another state. The divorce agreement states that child is emancipated upon the first of any the following events (just putting the one in question):
5) the child reaching the age of eighteen, unless the child is enrolled in full-time post-secondary education, is domiciled with custodial parent, and is principally dependent upon her for support, then the payment shall continue until that child reached the age of 23.
The way this is written, my understanding is that the order terminates upon her 18th birthday, if she is going away to school, right? She will no longer reside with her mother. We send payments directly to the mother, so we want to stop them. She thinks that we have to pay them until the child is 23. Which is correct?
Thanks!
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| Non-biological parental rights/responsibility |
| Child Custody & Visitation |
My former in-laws have legal custody of both my "girls", aged 2 & 4. I am not the biological father of either, however my name is on the youngest's b/c. The girls have always known me as "daddy" & I have maintained a very active role in their lives, every day. There has never been an order for child support, however, I have always contributed where I can. Their combined income is approx $1000,000. Mine is less than $25,000.
Recently, my former mother-in-law has decided tocut off all contact with them. I am in a serious relationship, plan to get married, and she is afraid that we will sue for custody, to which I have no plans to do so.
What are my legal rights as far as visitation? Former mom-in-law is threatening that if I petition for visitation, she will sue for child support.
I have tried to settle this amicably, to no avail. Any advice you can offer would be appreciated.
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| will this go on forever? |
| Child Support |
| What is the name of your state (only U.S. law)? NV. My husband is permanently disabled, for the past 6 years....He is ONLY getting disability payments. When the "children" were in their late twenties, she came after him for child support. After the county decided they would not pursue the issue, she looked into CSE9Child Support Enforcement), and after realizing the cicumstances, decided that they also would not be able to collect, and she has hooked up with another outside agency.My question is how long can this go on? I know she is on the hook for whatever she agreed to with the agencies, and is looking for the money to take care of that. CSE has intercepted MANY of my tax refunds, stimulis payments, etc. and I have had a bugger of a time getting those back, if at all. For the 12 years after they were divorced, she never mentioned child support to him, because the children were already on their own, but when we decided to get married, she thought that maybe it was time....We went to court, and he was making timely payments up until his accident. When she realized she would not get anything from us, she sought other means of collection. Any help would be great. Thanx for listening.....
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| Usage |
| Marriage, Domestic Partnerships and Other Family Law Matters |
OK HERE GOES
I HAVE LIVED WITH A MAN FOR 14+ YEARS WE BOUGHT A HOUSE TOGETHER
WE ARE NOW PARTING WAYS
HE HAS NOW FORBIDDEN ME FROM USING THE WASHER,DRYER AND THE REFRIG..WHICH HE DID PURCHASE--THE REFRIG WAS THERE FROM THE OLD PEOPLE --HE BOUGHT IT FROM THEM--THE WASHER DRYER HE BOUGHT WHEN I SOLD MINE....WHICH THE MONEY WENT INTO THE HOUSEHOLD ACCOUNT
THE DRYER I HAVE FIXED AND PAID FOR MYSELF
SO DOES HE HAVE THE RIGHT NOW THAT WE ARE BREAKING UP TO FORBID ME FROM USING THESE ITEMS?
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| Moving out of state |
| Child Support |
| My children and I live in the state of MA, in three weeks we will be moving to RI.. Will this have any affect on the divorce decree or child support? My ex is very manipulative and if he can get out of paying support he will. There is no alimony..
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| problem visitations/aunts rights |
| Child Custody & Visitation |
Hello
My sister is divorced with twins that are now 3 1/2 years old. Visitation is stated supervised, overnights everyother weekend and he is not to drink. However he arrives with his father - the supervisor, smelling of alcohol to get the kids. The little girl hates sleeping over there and states she does not want to. She asks why she has to go there. She is having nightmares, fits and often pinch, pull her own hair during them. She also states she worries about her mother and me. Her brother likes to go because he receives all the attention. However when he comes home tries to act however he wants and has fits when you tell him no. He is also starting to act mean towards his sister. He bit her the other day. I have lived with my sister the whole time raising the kids and helping to pay for food, clothes etc. We are the parents.. He has no custody at all just visitation- which is proving to have a psychological effect on the children. He doesn't pay support, in a DOR case for that and is currently out of work.
Any suggestions for my sister and do I have any rights to bring a civil case against him as well for mental anguish or anything???
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| What are my chances of Joint |
| Child Custody & Visitation |
What is the name of your state (only U.S. law)? NH
Hi im a 25 year old single mom of 4 children and here is what im worried about...now I have 4 children but 3 of them live with their father in michigan and he has full custody of them due to situations that were and still are beyond my control. I have a 8 month old little girl from a different man and he is going for full custody of her with me being the one having visitations. We have a hearing scheduled on Aug 5th 2009 for this, now here's the thing my other 3 children were taken from me from DSS (department of social services) in massachusetts due to accusations that are to this day still not true, now my youngest daughters father whom I was never married to says that he can get full custody of our daughter becasue I have a prior history which I might add has been closed for over a yr now.
EDIT
He says that he has statements pouring in from his friends stating that im a horrible unsafe unstable mother for her but the thing is is none of his friends has ever seen me with our daughter. His gf also says that his lawyer if he even has one has told him that he has all this crap on me but yet he wont tell me what it is. I am currently going on externship to become a medical assistant in aug and trying to better my life for me and my children but he says that the judge will rule without a doubt his custody of her and me visitations rights. Now DCYF (department of children youth and families) has been called on me and has come to my house and done their whole investigation bit and they see no probable cause for her being unsafe in my home wiht me as my ex has been accusing me off being.
EDIT
My daughters father gf has told me that he has gone to the police station and has filed reports stating that I do drugs and drink and the DCYF worker I had spoken with told me he looked in on that himself and their is nothing. There is one peticular person whom i have differences with has given him a statement stating a whole bunch of lies that are far to inappropriate to put on here but prior to that statement she had written me a myspace message saying that she was going to do anything it took to get my daughter taken from me, Can her statment get thrown out because of the message she wrote to me? My other problem is is my daughters father wasnt there from the beginning of the pregnancy to the end of the pregnancy he was there when she was born and for part of the time that she was in the NICU but when she came home he wanted nothing to do with her until he knew 100% that she was his because he listened to his friends whom had told him that I had cheated on him and our daughter may not have been his. He hasnt given me anything in support. Now the judge went ahead and granted a temp visitation schedule between me and him until the hearing where he gets her every other weekend and some of the week and the same with me but im concerned about losing my daughter because of my past history and I dont know what kind of proof the judge would consider legit. I have a statement written from my bestfriend stating that im a good mom and im also bringing my medical records from when I was pregnant to prove that i wasnt drinking and doing drugs during my pregnancy with her like im being accused of, also my bf whom I have been with since I was 5 months pregnant is going as a witness on my behalf.
EDIT
i asked my ex to just settle with joint because I dont want to put my daughter through all of this and he said no he wants full. He said that hes very confident with all the supporting evidence that he has that the judge will rule in his favor. Now i dont have a laywer all i have is my bf and my paper document proof and his gf says that she gave him her lawyer but i dont know how true that is. Also I have his gf on my facebook and about 3 weeks ago she started posting so much inappropriate comments that again are to inappropriate to post on here basically doing Dafamation of Character against me and she swears it wasnt her she only says it wasnt her after I presented the hard copy proof to the courts. She has a no contact restraining order against me for reasons im not sure of why but im in a jam here I dont know what I need to do to prove my innocence. So basically im being accused of a whole lot of crap thats so far from the truth. DCYF has been in my home and seen no problem although my daughters father says his lawyer has recieved my past DSS history from Massachusetts. Wouldnt a lawyer need my consent for release of information regarding a closed case and wouldnt I be aware of a state to state release? My daughters dr hasnt said anything to me about him being worried about her care.
edit
Just a recap he hasnt helped with any of her expenses including daycare so I can attend my morning classes in the morning. What are my chances of the judge ruling in his favor and not granting joint custody? 
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| Interstate child support issue |
| Child Support |
Ok the original order is in WY, as I was still technically a resident of WY when we filed for cs.
I was court ordered to supply health insurance, which I was unable to do (was not offered by my part time job, and am now just as of July 1 providing through my new job). Our son was covered through MA after he was born and insurance provided by my at the time employer while I was pregnant.
My ex (never married) never paid a bill for medical, never paid for clothing etc while we were together, since we lived together about six months into my pregnancy.
side note: When we split up, I moved back to MN (about a year and a half ago) and have since established our home here. I have no ties to WY so my understanding is that the presumptive jurisdiction for everything other than cs is in MN now.
Recently after not having heard from my ex for a period of time (Feb 1st to July 8th) he is demanding that I report my wages to the private company which handles the cs cases in the county where we used to live.
I contacted MN since I have been told not to contact them directly (something about letting the agency here do that), to be told that there is nothing that I can do through them, but could file a "Motion for Modification to Child Support" with the court there. I have been unable to figure out whether or not it would be worth the filing money to do this.
Here's why:
When the original order was put in place, they figured that I could be bringing home $1250 a month, which is about half of what I make with overtime now, however when the order was put into place, I wasn't actually working and thus had no expenses.
Without a calculator and without being able to find out whether or not child care is part of the consideration for WY cs amounts, do the seniors think that I should file or wait for him to initiate?
Also, on the financial affidavit for the original order he reported that he nets about twice what I was reported to be able to earn a month, but the updated affidavit request from MN states he grosses nearly double that amount. Is there any way to find out which is correct? What about falsifying documents if they did, can they get into trouble for that?
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| long distance parenting plan? |
| Child Custody & Visitation |
Hello and thanks in advance for your help. I am a single mom of a 2 year old. My son's father is not involved.... this isn't to say that I don't hear from him, but its often 3-6 months in between communications and is always threats about how if I don't do what he wants me to, he's going to take me to court and take our son from me. Never asking about how our child is doing, never asks if there is anything that he needs... nothing.
The background:
My sons father and I were never married. About October of 07, just after our first marriage counseling (my church requires it in order to marry with the blessing of the church), I found out that he was sleeping with my "best friend" and intended on leaving me. I was naturally very hurt, announced that I was moving back to MN (living in WY), to which he replied that he knew that. I told him and his family when I was leaving, mutual friends of ours were at the house helping me finish packing and he never called, never showed. I had contacted an attorney to make sure that I could leave the state, to which I was told that since there was no order in place and I had notified the father of my intention to leave that it was up to him to put any objections in front of the court. He didn't object and didn't try to stop me.
Shortly after arriving at my mothers house, I filed for child support. He signed the ROP and he is on the birth certificate. He paid nothing during the interim, waiting until the court order was in place before paying anything... something like 6 months. This is when the threats started. Mostly coming from his girlfriend, some that she signed for him (its funny how his signature looks like hers!). I was employed part time during this time but on state assistance for medical and food stamps.
I was laid off at the end of November, applied for God only knows how many jobs for the next several months, only to receive threats that if I didn't get a job and do my part in paying for our son, that he may as well raise him if he has to continue to pay (his words... "if I am to continue to pay $ a month, I may as well raise him"). I did not answer this email, but continued my job search. I finally found a good job, sucky hours, but a good paying job that will afford me to support our son, with or without his help... in two years when I max out on pay. At this point, I am still living with my mother who helps with daycare when I work on the weekends, takes care of him in the mornings and takes him to daycare during the week. Due to my hours, I don't see this changing.
Fast forward to now:
My son is now two, has no idea who his father is, albeit partially my fault for moving so far away, however, he has made no attempts to ask for any kind of visitation. I have never replied to his threats, they would only fuel the fire. He (well SHE) demanded monthly updates and pictures, threatening me with dire consequences (their words not mine) if I did not comply with their demands. I complied with the monthly updates for several months, then fell behind due to now working more than full time.
I have never said nor implied that he couldn't see his son, never said that he couldn't be a part of his life. He was behind in child support 6 months up until the first of this year, pays at different times during the month, sometimes 45-60 days apart. He falsely claimed him on his taxes this year, the IRS is investigating. I am court ordered to provide health insurance, which I do now that I am employed full time (he was covered under MA until July 1 of this year). This arrangement of the health insurance was due to the out of network expenses that would have resulted if he were to provide through his employment. I am not worried that he could take full custody, I am a good mother, I provide for my child and have always been the primary caregiver, to the point that in the first 6 months of our childs life, he change maybe a dozen diapers (saying "diapers are a mommy thing"), never gave baths and didn't help with any kind of entertainment for our child... preferring to stick him in the bouncy seat on the couch next to him only looking at him at commercials or when our son made too much noise.
Sorry for all of the background info, its long and convoluted (although I have given the "cliff notes" version while trying to keep all of the pertinent info in) but my questions are:
1) what is my obligation towards my sons father concerning updates, when he doesn't specifically ask?
2) what are my options at demanding supervised visitations in my hometown, since it would be traumatic to our child to be "exchanged" in the middle for "summer and Christmas maybe" visitation as he is demanding?
3) since there is no court order in place, he would have to file here in MN for any custody or visitation, but should I initiate to put down on paper with the court that I am the sole custodial parent and sole legal parent?
4) what would a reasonable long distance parenting plan include, being that our child is so young and doesn't know either his father or his girlfriend?
5) what are my options to stop her from communicating with me pretending to be him?
Thanks again, I wait on bated breath for your replies!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
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| Furlough weeks |
| Child Support |
| Is child support due on weeks that companies furlough employee? My ex's company is giving them two weeks of furlough without pay due to the economy. One now and one in December.
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| does my new wife's finances count? |
| Child Custody & Visitation |
I am currently seeking modif. for time w/child. (My ex and I, share joint phys
& leg. custody--if this info is needed--also I pay more than what is asked
for as far as support guidelines are concerned) I am seeking more time with
children (equalivant to half the week) as well as no support. Ex's lawyer sent
request for financial statmt. I gave all my proper information. In court, will
current wife's finance's come into question? (We have the house in both our
names but she pays 3/4 of the mortgage as well as her bills in her name and
other household costs) She has been so supportive to me and is wonderful
with the kids. I just want to make sure she will be okay as well.What is the name of your state (only U.S. law)?
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| How does this work? |
| Child Support |
My friend and her husband are going through a messy breakup. The backstory goes like this:
Ten years ago, my friend and her husband decided to call it quits. They had both been seeing other people, and she started dating a young man that she had feelings for. She ended up pregnant, and she was still married to her then husband. After the divorce, he signed papers to give up parental rights, since the baby wasn't his. She never filed them, but she never wanted support from him so nothing ever came of it. She eventually married the baby's father, who could never take the time to amend the little girl's birth certificate. Now they are splitting up after years of neglect by him. He keeps threatening to take the little girl away from her, but since she is still legally a product of her first marriage, is this possible? What would it take for him to force a paternity test? The mother has papers stating that if anything should happen to her, she wants her little girl to come live with me. This has infuriated the "father" and he is threatening to force a paternity test for his parental rights. She lets him visit her as it is, and he won't help take care of her right now. Is there any way he can force the test if she is still legally a product of the first marriage? And if he does, will that cause the directive of custody to me to be invalid?
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| CS modification requested by ex |
| Child Support |
If a party with 2 children were given 50-50 on the assets during a divorce and the non-custodial parent lived frugally and still has those assets but the custodial parent went through the assets and has nothing left is it possible for the custodial parent to now (7 years later) ask for an increase in child support based on the fact that the non-custodial parent still has their share intact of the assets divided?
The custodial parent moved out of state and the divorce papers were filed in MA.What is the name of your state (only U.S. law)?
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