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Can you get full custody of your 3 children if they have lived with you for 2 years without seeing their mother and now she wants custody and she lives in NC and you live in OH or how would joint work?
When your ex stopped seeing the children is when you should have gotten full custody of the children. It depends on the judge. Some judges believe it's important to have both mother and father involved with their children. Here are a couple of things you could do: 1. Go to a lawyer and file for full custody 2. If you wife is a good woman, then consider joint custody. She could have the children on certain holidays, on their summer vacations from school. Since you have had the children for 2 years it will be difficult for the children to adjust as far as traveling to see their mother. If they are old enough to understand ask them how they feel about it. Too often parents are so embittered in their own relationships they forget that kids have feeling too. Good luck Marcy Obviously the mother is not a good mother if she hasn't seen the children. I have full custody of my 2 children and live in Ohio also. so I can tell you a little bit about the Ohio court system. My lawyer told me that usually if you are the first to fill for full custody....95% of the time you will get it. ....especially since she left 2 years ago.....that makes it very hard for her even if she has filed already.( My ex has not seen her children for over two years also ....I have had them for 7 yrs. and in that time she has seen them less than a total of a week.). The courts will move in your favor....but you need to act fast before she does....Also pursue child support....but don't expect them to do too much....my ex owes me over $10,000 in back support....she has been to court twice before about it...both times she just gets a slap on the wrist....I have given them her address and phone number and....yet it is as if they won't do anything because she is a woman....so move quickly.....
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Answer . \nI would be very careful with this one. Young teenagers figure because they have household chores to do, homework, and a need to answer where they are going, wha…t they are doing and when to come home is some type of mental abuse. This is no reason to kick up a fuss and want to live with dear old dad. Many teenagers have a misconception of what love and caring is and when they can't have their own way they want to move in with the other parent in hopes they will have every little thing their heart desires. \n. \nIf the woman is a good person and is a good mother it would tear her heart out if you took her son completely away from her. Teenagers can be very craft, and you don't have the full story on this. Your son could be failing school or (hopefully not) be dabbling in drugs and your wife may be coming down on him hot and heavy and suddenly your son wants to come and live with you. Tread carefully and be sure you are getting the correct story on this one.\n. \nIf she does drugs (including alcohol), stays out all night or brings strange men home then these are good causes to take full custody of your child.\n. \nI suggest you meet with your ex and without accussing her get to the bottom of this story your son is telling you.\n. \nSons really need their fathers in their lives, so you have to ask yourself some pretty hard questions. How much quality time do you spend with your son? Have you made a lot of promises to your son only to break them? Example: You're going to take him to a football game and then at the last minute cancel because you are busy at work or have a date. When was the last time you took him for a long weekend, summer break, or a trip? Adults don't realize this is the most crushing blow they can have on their children. I am not accusing you of any of the above, but if you think it's tough seeing you son now, you have a big surprise coming if you get full custody of him.\n. \nAdults should just be that and start acting like it. Even though they are no longer married the two should put their differences aside and try to get along for the sake of that child(ren.) Kids only see mom and dad and nothing else and any problems that occur between their parents means nothing to them. They don't realize at their young years how complicated relationships can be. Even though you are not living with your ex, get to the bottom of things and try to lend a hand instead of listening to a 15 year old who may not be getting his way. If there is any abuse by his mother then you need to step in.\n. \nIf there is a major concern as to how your ex is treating your son, then you can see a lawyer, go to court and a judge will decide if the custody should be reversed.\n. \nGood luck\nMarcy. Answer . \nFile a custody petition in the appropriate state court. It would be advisable for you to retain an attorney who is qualified in domestic relations issues. If that is not an option you can contact the court clerk in your county for information on the proper procedures.
depending where you live check your laws, you can consult with a family lawyer and your reasons can be presented in family court. consultion is usually free. good luck. Answ…er Technically, if your mother has full custody and you're still a minor, you can't legally make the decision to move. However, if all parties agreed to the move, then it would be in the best interest of everyone involved. If all parties do not agree to the move, you can either try to work things out or contact the court to get a hearing in which you would state your reasons for wanting to move.
If the father has had full custody for 9 years and now the child is 12 years old and wants to live with the mother can the mother gain full custody of the child and what type of petition does she need?
Answer . The length of time the father has custody does not equate as to the petition. \nThe custodial parent may keep custody, unless their is an agreement or cause to c…hange custody. The length of time a custodial parent has maintain custody may favor \ncontinuation of custody, as generally the interests of the child not parent(s) serve to factor determination of custody. This issue aside, a mother parent interest. States differ procedurally but follow similar rules in family court. The interests of the child are not the determining fact automatically. A court may not view 12-year-old to have the maturity to outweigh all other factors in deciding custody.\n. \nGiven the information provided, the burden rests on the non-custodial parent to show reason why custodial rights and interruption of custody may warrant revoking some measure of custody from the custodial parent. due to the factors present, the petition is likely determined by showing cause for why the custodial parent might have their custodial rights revoked.\n. \nYour first petition may be the decisive conclusion. Get an attorney, if you cannot afford one; start researching what recourses are available at a reduced cost or free. Start with your local legal aid; in absence of abuse or neglect your case involves a larger burden. However, do not fail to act find all the resources you may locate and use the direction of your attorney.
Father's custody? . Most chilcren of a divorce, live with their mother, although the world has changed, and some fathers have either simple or joined custody. Whatever the ar…rangement, the child is the one who suffers most, becasue he/she is unsure where his/her loyalty belongs. Whatever the situation, the greatest burden is on the child.. Having said this, assuming that you are the working parent, I would suggest that your son is better off with his mother. Never forget, that in a divorce, a child learns early on how to play the game with parents who do not get along. If the mother restricts him, I am certain that he longs to be with you.. Of course, you can ask him for his reasons. And if you feel that he needs some discipline, he should be with you. But never forget, that the court system does not look at these details unless they cause great harm to the child.. Read more about "Raising a child" in the book reference on my Bio Page.
It is typical in most states, that in the issue of custody, a child (or adolescent/minor) who is of 16 years of age or older can chose with which parental party they wish to r…eside. However, if parent with full custody wishes to hold a hearing in which he/she could present their case as to why the minor shouldn't live with the other parent. If the "mother's" living conditions are suitable for the minor, and the "mother" physical/mental health isn't in question, there should be no ruling against the move.
Is it a want or a need?? There may be extenuating circumstances and you need to talk to your dad about it. However, you should note that you have just a couple of years until …you are out of high school and the stability of staying where you are may be beneficial. It appears that you are in a situation where your father will not permit you to live with your mother for whatever reason he has, but that you wish to live with your mother despite this. In other words, you want to know if, legally, you can change the custodial arrangement by applying to the court in the face of opposition from your father. Since he is the custodial parent by court order, you will have to convince the court that the present custody order should be amended. There is a presumption that the order should stand unless you can show that the circumstances that resulted in your father being given sole custody have changed to the extent that the custodial arrangement should also change. The court having jurisdiction over custody will consider several factors. Chief among them is what is in the "best interests of the minor." This means that neither you, your mother or your father have final say. At your age, the court will give you an opportunity to explain your reasons. The court will give them due consideration, but will not be bound by them. Since your father has full custody, there may have been good reason why your mother was denied even joint custody as so often is the case these days. If your mother had been adjudged unfit for your custody then you probably will not be able to live with her unless her circumstances have changed to the extent that she is no longer deemed an unfit mother. For example, if she had been addicted to drugs, she will still be deemed unfit unless she proves to the court that she no longer is and is not likely to become addicted again. If she had been unable to properly support and maintain you, she would have to prove that she now is capable of doing so. It is also possible that your father's circumstances have also changed to the point where he is no longer an unfit parent even though he had been at the time of the original order. Every circumstance that affects the living conditions of the minor may be brought before the court; however not every change for the better will be enough to warrant a change in custody. An order for custody is always changeable whenever the circumstances that supported the original order have changed and if a change in the custodial arrangement is in the best interests of the minor.
Can the mother of a seventeen year old child living in Minnesota allow the child to live with an Aunt without informing the father when having joint legal custody?
by law it is allowd. so yes.. this question was answerd by a 49 year old lawer. thank you.
Yes they can decide at age 13 however it may need to get re-established in court.
The parents have joint custody with mother having physical custody then can the seventeen year old child decide to live with her father?
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u must go to the court and request a modification on the divorce terms to allow the child to live with the father. If the mother agrees it is easy. if the mother objects then …it gets a little harder because father will have to demostrate not only that the child wants it but that it will be in the best interest of the child that the father get the residency custody.
Your 16 year old daughter wants to live with you and not her mother you have joint custody with no primary can she do so without going to court?
yes she can, however, it is always better (when she leaves one parent) to keep a happy and healthy relationship with the parent whom she was living with.
If your parents have joint custody of you can you move states to live with your Father without the permission of your mother?
No , not usually.Don't do it without permission or you may get your Dad in trouble.
That's generally the case, especially if paternity has not been established, unless the courts have ordered otherwise.
How do you get custody of your children if the mother is in prison they have lived with you from day 1?
File a motion while in possession, real easy. see links
Can a divorced mother with minor children have her partner live in her house without the consent of the children's father who has joint custody of the children in VA?
Yes, unless it's addressed in the order. Life goes on and parents need to adapt--no one parents the same, but there's the silver lining of having another person in your child'…s life to help nurture them as they grow. That said, if you personally observe poor behavior, you need to take it up with the other parent. Children will test this and their view of events may not match the true events. For young children, behavior when they return to you--not in the first few hours returning home--will be a tell tale. Still, the more positive you are, the better it is for all.
You can if you get a lawyer and go to court to prove you should have legal custody of the girls.