Thursday, November 12, 2009

Family law- custody?

When my divorce was finalized I agreed to my ex having custody and I got visitation- pay child support, all insurance, half of: school supplies, educational and daycare expenses, and medical, dental and vision expenses not covered by insurance. I have paid all of these and have never missed a payment for anything. I also see my children a lot more than what is in the decree.


I agreed to the custody arrangement because I was working night shift at the time and I didn't have anyone I was close enough with to stay with the children at night.


I have now moved into a position where I work during the day.


My question is: If I file for joint custody do I have a chance of it being awarded now that I can prove that I have had a significant life change which will allow me to spend more time with my children?


I am not seeking any kind of reduction in child support or anything else- just more time with my children. My ex and I are on good terms but I don't think she's going to go for it.

Family law- custody?
Here is what you do - get a journal and for the next 6 months write down your visitation dates and times - don't track it on the computer, do it in you own handwriting, and in order...do regular visiation time in black or blue, the extra time you spend with the kids in red. (or just highlighted)





What you are doing is showing a pattern to the court. Proving that you are getting what you are looking for right now anyway, you just want it official.





Then get to your attorney and file for joint custody - you will have no problems getting it.
Reply:Your kids deserve equal time with dad and you deserve equal time with your kids. What makes you unworthy of this?
Reply:WOW i wish there were more Father in this world like you


i would go for it all they can say is no


and any thing is worth it for you kids


and besides from what you say what court would not


give you what you want


keep up being a great man


and Father
Reply:dont try it, youll piss her off and the divorce courts are made for the WOMAN. thats the truth, it used to be women got shafted all the time now its the men that get boned.
Reply:Why don't you think she would go for it? If you aren't going to reduce the support, what difference does a change in "status" mean? If you are seeing the kids more than what's in the decree, is it that you want to see them more often "legally"? or is the change in "status" important to you as well?
Reply:You can get increased visitation.





Depending on the custody wording in the decree you can get more "custody".





If she has sole legal and sole physical custody and you have some vague "reasonable" visitation, then you will have to prove significant changes to increase your custody. She may have had to made certain mistakes that can be proven. Even if this is still the case, you should be able to get the children every other weekend for a few nights.





Also realize that if the children are in school and you don't live very close, it would be a cluster for you to have custody of them during the week. Not just for you and your ex, but for your children.





With the right attorney you should be able to get something good. Don't be upset if you don't get the kids for weeks at time though, it's hard on kids with school to have to worry about where their home is going to be certain weeks.





Most Judges will happily award you every other weekend overnight visits. Remember your ex deserves to have them every other weekend too. The weekdays with the kids is mostly work and helping them stay clean and organized.





It also helps that you're on good terms with her. Have you thought about asking her politely about your wishes? She will feel less threatened and a be lot more accommodating if you give her the opportunity to agree before "suing" her in Court. If she disagrees, tell her that you mean no disrespect to her but that you're going to take it (not her, it) back to Court to try to get a better schedule because it means so much to you to spend quality time with your kids.





She should be able to appreciate that.





Best of luck!
Reply:first of all :---there is no such thing LEGALLY--that is joint custody----anywhere---technically----yes... no---go figure---right now you pay half it seems of everything---good for you---now listen up----if you go to court for more visitations----you will get them----if you can document all you have said----if not---you will probably still get them if you can prove half of what you say---saying that---it absolutely is in your childs best interest that you go back to court and get more visitations---it is for the child---not your X---dont be p*ss* whipped by her or yourself---do it for the child so it is wrote on an order----what are you going to do if she decides to move away from the area---she is your X right---she can go wherever she likes---almost


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