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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience:  Attorney experienced in all aspects of family law
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Although, contentious at times, our joint custody/ joint visitation

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Although, contentious at times, our joint custody/ joint visitation has been a bit quiter until now. Although, I have been on disability for several years, I continued to pay custody to my daughters Mother until such time as I could no longer do so. I gave ample warning that it would be changed, threats came via the new husband long story short even through the past years I have continued to pay a small custody amount monthly of $76 even though at that time the initial review showed that Mom should pay me. Unfortunately I knew from past that Mom would berate my and enivetably hurt my child though poor judgement on Moms part, so instead of her ability to make life easier here she would rather take my $76 instead of paying out $400. At that time I thought it easier but times have changed I know that I need to go back to court for this reason alone. But the new pressing issue, Mom owns a business and wants to hire my daughter at her place of business, essentially paying my child to violate the custody agreement. Can I stop this? It just seems to be a way for Mom to buymyvisitation rights. All thee while when I'm trying to sell my house so my daughter can go to college? Please someone help?
Submitted: 1 year ago.
Category: Family Law
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

Hi, can you see this?

Customer: Yes Sir I can, thank you
Brandon M. :

Great. Thank you for your question

Brandon M. :

I need clarification on just one point that you made in your question. You said "Mom owns a business and wants to hire my daughter at her place of business, essentially paying my child to violate the custody agreement." I'm not clear on how this would impose on your custody agreement. Would your daughter be on the job during your custody hours? If not, what's the problem?

Customer: Yes Sir I can, Thank you
Customer: Well the problem is Mothers Business is an in-home daycare. I believe Mom already has an employee. I'm not trying to prevent my child from earning a living but to know her Mi
Customer: Sorry to know her Mother she is essentially paying her way to have more visitation currently it is 50/50 every other week with holidays all plotted out. So my daughter would be working at Mom's house with her 6 year old half brother. What she has proposed is about 40 hours taken from my week! Am I supposed to counter and pay her to stay? I'm being a bit sarcastic at the end here.
Brandon M. :

Ok, I think that I understand the situation. Thank you for that explanation.

Customer: I'm happy to make certain any questions are answwered
Customer: Perhaps a copy of Mom's text delivery could help?
Brandon M. :

I notice that you take a bit longer than average to type. There is no rush, but that sometimes indicates that someone is writing from a tablet instead of a desktop or laptop... for example an iphone or ipad. Sometimes, people writing from tablets have technical problems leaving a rating for me when they are through, so if you would like to leave a positive rating for me once we are completely finished, I would very, very much appreciate it if you could just confirm that I was helpful, since it's the only way I can be compensated.

That said, whether a minor works for compensation is a question of legal custody. You said that you had joint custody/visitation, and since is is unusual for either parent to have sole legal custody even if there is joint physical custody, I will presume that you have joint legal custody as well as joint physical custody. If that is a faulty assumption, please let me know.

So where there is joint legal custody, a minor child cannot start working for compensation unless specifically ordered by the court or unless both parents agree.

Brandon M. :

Thus, if you have joint legal custody and if the court has not said that the mother can let the minor child work without the father's permission, then the permission of both parents is not necessary.


 

Brandon M. :

Furthermore, to be frank, it's pretty obvious what's happening in that sort of situation, and any court should be able to see right through it.

Brandon M. :

If "mom" wants to go to court and request a modification to the existing court order that permits the daughter to be employed by her 40 hours per week (which would ordinarily be a violation of state child labor laws if the child is under age 18), she can make that request, but it's pretty obvious what is really happening. Even if the court could somehow be persuaded that the child should be allowed to work, it doesn't have to consider that mom's custody time. If the daughter worked at Wal-Mart, it wouldn't be considered mom's custody time, so if the daughter is really working, why should it be considered mom's custody time if she is employed on dad's clock?

Customer: Ah yes I see your point, I guess my question is and I don't know this As my daughter is at Moms but
Customer: But what of the minor child's thoughts have any weight. Like I said I have not spoken to my child I will see her on Monday. If
Brandon M. :

The child's wishes are a factor of consideration for a job, but that's true for physical custody and visitation as well. If the child wanted to just spend more time with mom even without the job, the court could consider that if mom made a straight visitation request. However, the child doesn't get to decide what is in her best interest---she just gets to provide her input.

Customer: Sorry again but my only issue is how much weight are the 15 year olds desire? Honestly for Hershey may just be seein $$ signs
Brandon M. :

Regardless, unless the court order allows one parent to make that legal custody decision, it takes the consent of both parents, and any change would require the mother going back to court.

Customer: Which branch of family law not certain if I was clear in original question. Mother should be paying me support if it would come to same venue I think I would request an evaluation of support. If I did petition the Court I would set up a trust account that would allow the monthly payments to go to her college fund.
Brandon M. :

Custody and support are decided in the same venue. It is all in the family courts.

Brandon M. :

If you contact the clerk of the family law division of your superior court, they can give you the forms that you need to request a change.

Customer: Thank u I'm confident you have satisfied my answer, thank you.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience: Attorney experienced in all aspects of family law
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