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During custody is it hard to take the child away from its mother? law answers (82976)

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Will The Custodial Parent Be In Contempt If The child Does Not Want To Go With The Non Custodial Parent For Visitation?

A:  The short answer is Yes. Some of it depends on the stipulations in your custody/visitation agreement. Unless you have evidence to support the reasons your son doesn''t want to go, and you take those reasons in front of the court, your son must go....

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Can my child’s Paternal Grandparent Gain custody if I Decide to Leave my child’s Father?

A:  “I live in Texas, have a 4 month baby, I am not married to his father but he did sign the birth certificate. We live together and he is very temperamental and he has hurt me in various occasions but he has told me that if we separate his father will fight me for custody of my child. Is it possible for a grandparent to get custody of my son. I know there is such thing when the parents are deceased but in my situation is it possible? Please help!!! I can’t live like this any longer I want to have peace of mind. I am a student not working about to finish my extern and my sons father does not work he cant hold a job and therefor his father provides him with money to pay bills and suport us. Although my

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If neither parent have full custody of the kids because they each were ordered by the court "split custody" one week w/ the father and one week w/ the mother please tell me how or why is it right that the father is paying child support weekly?

A:  He makes more money than the mother, and they use a chart to figure out what percentage each should pay to support the child. http://www.docstoc.com/docs/10421509/child-Support-Guidelines-Worksheet-Split-custody-child-Support-Guidelines-Worksheet-Split-custody---Virginia Whomever is the custodial parent on the paper work gets child support. That''s just how it goes:) You can always go back to court to get it lowered. It all has to do with local law , the background investigation , family finances, mother and father''s ability to support the

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Can a woman who is divorced and has custody of a child change the child''s last name without the consent of the father? (the father has visitation and could have partial custody but chose not to because the child is really young and he lives 8 hours away).

A:  In California, name changes are allowed with no reservations or restrictions what-so-ever, except for purposes of fraud. Not that I am aware of. If the Dad is on the birth certificate and his name is used to name the child, judges are not too keen to just change the name on a whim. Unless the guy who is paying child support and has visitation (Not so much because he lives 8 hours away but more likely because he understands that a young''un needs stability I''m sure that that is his tale, you sit on your own) is not the father, then you have lots of ''splaining to do to the judge. If you have someone coming to adopt the child then once again you have the ''visitor'' you have to deal with - he...

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I have custody of my 5 year old granddaughter dont know where the mother or father is last contact was february 2010. Can i adopt her?

A:  Yes you can adopt her you just need to tell them that you have had her for so long then you don't know where the parents are they might do it on abendoment it will be better this way...

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Do I need a custody agreement to get visitation with my child?

A:  If you want to be able to see the child on a reliable schedule. Without a custody order there is no way to compel the custodial parent to allow you to see your child. If you have any questions feel free to contact me. The initial consultation is free. {John}...

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can the non custodial parent retain custody after filing a petition to modify child custody

A:  You don''t provide very much information. Generally, filing a petition to modify does not extend any rights to conservatorship, possession or access. Generally the attorney for the custodial parent would move the court for an emergency motion to enforce. Sometimes the NCP will also request and get a restraining order, alleging some danger to the child at the home of the CP. There are too many possible reasons to speculate....

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i have had my son living with me for about 2 yrs since my divorce my ex wife is now trying to take custody of him she has paid no child support or help of any kind she moved 3 hrs away and hardly comes to see him my son is very worried that she would try to run with him he just turned 6 what can i do

A:  In your question you did not say how you gained custody of your son or whether your have full, shared or joint custody. If any of these have been established by and through a court of law, she would be in violation of a Court Order. However, you did say that you had executed a divorce so it is assumed that you have taken this matter to a court of law and she was ordered to pay child support which she apparently violated. This court is where [where the divorce was executed] is where you can remedy the situation and is our recommended that you report these violations to the court and/or seek an order of relief or full custody of the

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I live in the state of California and have joint physical and legal custody of my son. According to our custody papers from the court, my ex has my son most of the time, with my visitation being every other weekend and 6 weeks during the summer along with several school holidays. Two years ago, she and I both signed a paper stating that we would essentially ''reverse'' custody where my son now lives with me and sees his mother every other weekend. The court documents state that ''if a parent moves that will affect the visitation rights of the other parent, the moving parent must give a 45 day written notice''. I am looking to move out of state and take my son with me. If I send my ex wife a 45 day notice is this sufficient or do I need to hire an attorney and return to court in order to make this move? If I have to go to court, are my chances good that I will be allowed to move out of state with my son?

A:  You need to go back to court anyway and have the custody and visitation order modified and signed by a judge. Then you can ask the court''s permission to move out of state. Permission to move is usually granted, so long as you can come up with a reasonable visitation schedule. You may have to pay the travel expenses incurred that result from the move....

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My ex-wife and I have joint legal custody of our son and she is the custodial parent. I am the non-custodial parent. She has physical custody of our son 75% of the time and I have physical custody of him 25% of the time. I have heard that 51% is an important percentage. QUESTION #1: If a parent has 51% or more physical custody, does this override the joint legal custody agreement?My understanding of joint legal custody is that major decisions regarding the child must be discussed and agreed upon prior to making a commitment. A haircut is not a major decision. Choosing a child''s first school and enrolling him in a before and after school extended care program is a major decision.QUESTION #2: Am I correct in my understanding of joint legal custody and what is and is not important?When I took our son to a barber for a haircut a few months ago, my ex-wife left a voice mail on my cellphone saying that I had to ask for her permission before giving him a haircut.QUESTION #3: Is my ex-wife correct? Should I have asked her permission for the haircut?More recently, my ex-wife enrolled our son in a kindergarten program at a public school near her house without first discussing the choice of schools with me.QUESTION #4: Is she allowed to do this without first discussing this with me?Last month, my ex-wife mailed me a pricing schedule for the year-long before and after school extended care services. She had already signed up our son and had already made a financial commitment without discussing this with me first. Later, when talking with her on the phone, she said that we each have to pay for half of this bill.QUESTION #5: I would like to pay for half of this bill because I want to be supportive of my son, but legally, am I required to pay this bill? How should I agree to pay for half of this bill without implying that it is alright for my ex-wife to simply take matters regarding our son into her own hands and inform me or bill me later. This does not feel right to me.

A:  #1. No, physical and legal custody are separate issues. Your description of legal custody is basically pretty good. #2 You are basically correct. #3 She is wrong about the haircut. Of course the more you communicate, cooperate and coordinate, the easier it will be on the child and both of you. But there was no violation of ''joint legal custody'' in getting a haircut. #4 She can go ahead and do that without first discussing it with you, but it is not a binding decision. She is free to enroll him to meet enrollment deadlines, hold a place, or even just to get the ball rolling. But she does not have the right to make that a final decision over your objections. You have a right to go to court...