Family Law Questions? Ask a Family Lawyer Online.
I presume your concern is how you move to North Carolina with your step-daughters? What does your fiance's custody order say? What is the access schedule and how old are the children?
the custody order gives her legal custody and joint physical custody if I said that right. He gets his daughter from 2/7 and 3/7 nights alternating weeks with 50/50 in the summer for 9 weeks 1 wk on and the alternate birthdays and holidays. his daughter is 3 mine is a new born.
Thank you for the clarification. If looks like a shared custody arrangement, with your lady having primary residence with your step-daughter. But he has a fairly equal access to your step-daughter.
yes about 60-40 but he pays nothing and provides no health care. the state of MI does.
She needs to start the process of filing a request at family court to modify the custody. If they can mutually agree to some arrangements for him to have your step-daughter in the summer and holidays, that will help. If not, then she should start the custody modification process.
It sounds like he wants to enjoy the rights of being a father, but not share the responsibilities.
is marriage going to be a factor?
Yes. When you get marriage, that's a sign that the child will have better family structure. The court likes to see that a child is in a structured environment.
that is correst, when we went to court his only issue was payinjg cs. he has mostly assistance and un documented income. can I use that? or do I need to have taxes brought in. I am trying to get her on my insurance and keep my daughter with her sister and mother
The marriage also give you, as the stepfather, better participation in the court process, because it becomes clear to the court that you are giving the child father figure, even if the biological father's access is curtailed. Not that you replace the biological father, but your involvement as a positive and concerned father is favored by the court deciding a custody dispute, should this become a dispute.
if he does dispute what amount of time do you estimate a possible court resolve?
Well, if he has a problem paying child support, then you must push that issue. Request his financial records through the court, to support the financial affidavit he files.
he hasnt been ordered to pay by friend of the court for 3 yrs even though state pays for her with food assistance and insurance
The duration of custody disputes unfortunately, are hard to ascertain because they engender a lot of raw emotions. But if you insist on child support and his contribution to medical insurance, day care and all the other things that may stress his wallet, he may end the process sooner, rather than later. But you must keep the child's best interest at heart too.
yes. we intend to thank you. Trying to keep the 3 girls together. thank you
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