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What are the primary things a court looks for from a Father

What are the primary things a court looks for from a Father when deciding placement of children during a divorce?

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ScottyMacEsq

Doctoral Degree

22,524 satisfied customers
We have a situation where two divorced parents share time

We have a situation where two divorced parents share time with the two young children of the marriage. One parent is indoctrinating the children with tales about the other parent. He is also playing games with handovers: withholding the children beyond his allotted time and interfering with their school attendance.Florida Family Law seems to take the view that parents are utterly equal: yet the mother is told that she must abide completely with the time-sharing program prescribed by a Mediated Agreement; while the father is unadmonished for failing to return the children in accordance with that Agreement. Advice is that a Guardian Ad Litem be sought. However, it is almost guaranteed that Florida Family Law will not curtail the father's access: despite the fact that the children's pediatrician considers it harmful to the children.The court would probably not take into account the children's fear of visiting the father, as they are aged 7 and 5.Is there an option whereby the mother could request that the children become wards of the court; or wards of the state? If so, on approval, I believe that the mother would simultaneously cede control of the children to court or state. Could such drastic action be a route to preventing the father's unsupervised access to the children; while allowing a future resumption of normal maternal access?

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Michael J, Esq.

Solo Practicioner

Doctoral Degree

3,066 satisfied customers
I live in Seattle, Washington. My daughter turns 16 in

I live in Seattle, Washington. My daughter turns 16 in October. She has had a turmulteous relationship with her father and step mother for several years. My ex has primary custody after a long drawn out legal battle over a custody disputes of her older sister. While I was twice awarded a full dismissal with terms, he kept appealing the decision for another bite at the apple. I saw the devastation it was causing to both my daughters and decided it was better to concede than continue. We went to Mediation to hammer out a new parenting plan for my older daughter and he began arguing for my younger; who was 12 at the time and did not want to leave my home. I relented to the pressure as I knew it would eventually turn into a lawsuit.We are finishing up our summer uninterrupted weeks and she is no longer willing to go to his home. In fact, she is refusing to leave my home this upcoming Monday. My daughter is currently seeing a psychiatrist and psychologist due to her anxiety and depression. She has shared her feelings for wanting for a change to her residential schedule with her father, her teachers, her doctors and other parents. One of her therapists has recommended that she live with me but my ex refuses to change the parenting plan or even give her a cooling off period.While I fully support my daughter and her wishes, I know first hand how devastating it is to go through a change in schedule and I will always support her right to be loved and to love all four parents. I also feel it very important to help her in her relationship with her father.My question is this: what legal rights does my daughter have? What are our next steps? Mediation?Thank you.

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RobertJDFL

Attorney

Juris Doctorate

12,184 satisfied customers
I have a grand daughter that is being mentally abused. He

I have a grand daughter that is being mentally abused. He father ( non custodial) continues to drill the child about what her mother is doing and constantly bad mouths the mother, to the point that the child was cutting herself last year and now is being prescribed anti anxiety medication and will start counseling next week. she is fourteen years old. Has made it clear she does not want to "have visitation" with her father. Is there any way to get the visitation stopped?

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ScottyMacEsq

Doctoral Degree

22,524 satisfied customers
My ex has full custody of our son for almost 3 years now. We

My ex has full custody of our son for almost 3 years now. We are in two different states. My son is 16 and REFUSED to return home to his dad because he's being mentally and physically abused. I drove 15 hours to his dad's town and went to court. The judge ordered me to return our son to his father with no investigation into the abuse allegations for a second time. I am scared for the well being of my son and he is terrified. Is there anything I can do to legally get him back in my care.

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Phillips Esq.

Attorney

Juris Doctor

17,990 satisfied customers
How do I apply for guardianship of my other brother, our

How do I apply for guardianship of my other brother, our mother is his current guardian and she is getting on in years?

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RobertJDFL

Attorney

Juris Doctorate

12,184 satisfied customers
Have 16 year old daughter with ex, who passed and left me as

have 16 year old daughter with ex, who passed and left me as guardian in her will. my daughter lives with me my question would be ,if named in will and biological father ,what would i need to do to collect insurance and would i need to file for guardianship or custody in court ? i need to be pointed in right direction thanks

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LegalGems

Juris Doctorate

13,542 satisfied customers
I went out of the country weeks travel. I informed the Dad

Hello, I went out of the country for 2 weeks for international travel. I informed the Dad and our Son's Minor's Counsel but both claim that proper notice was not given. So the Minor's Counsel filed an emergency motion asking Court that a) I return immediately, b) Father to have temporary physical custody until the next court hearing date which is on 6/26.I returned. We already have a custody plan in place. On 6/26, will the original custody orders remain or do I have to fight for custody all over again?

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37,844 satisfied customers
A good friend has asked that I petition guardianship of her

A good friend has asked that I petition for temporary guardianship of her 5 year old daughter (for whom she has been the primary care giver since birth).About three months ago the child's father sought out and received emergency custody and a restraining order against the mother (after a domestic dispute in which the mother became violent). The father wanted to allow the child to finish out her school year, but, because he lives about an hour away, asked the maternal grandmother to care for the child during the week (The maternal grandmother and the mother are not on good terms, and mother wants grandmother to have nothing to do with the child). The grandmother then unexpectedly filed for guardianship. This is not desired by EITHER parent for a myriad of reasons.The mother has requested my petition for guardianship to ensure that the grandmother is not granted hers. The child has been living with grandmother 5 days a week for the past 2.5 months and seems to be doing well. However there is concern that grandmother's husband is an alcoholic and has lost rights to his own children. Additionally, the Grandmother has lied in her statement to seek guardianship (making claims against the mother) and we have on record from several other family members her admittance of lying. Mother and Father both believe that Grandmother is manipulative and trying to take child away from them.My main question is this: I am only able to care for the child 2-3 days a week, and I live 2.5 hours away. However, I do have a positive relationship with both parents, a safe clean home with a bedroom for the child, and can facilitate conversations around custody and visitation issues that the Grandmother cannot. Is this sufficient for a judge to warrant a guardianship? Or would I need to show that I am able to meet the needs of a child full time? Would I even be considered against a biological grandmother? I am trying to figure out whether it is worth my time and effort to try.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

756 satisfied customers
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