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Recent Joint Physical Custody questions

My fiancé and I were at court yesterday because her ex sued

Hi! My fiancé and I were at court yesterday because her ex sued him to modify the child custody agreement that they settled 5years ago. My fiancé has primary physical custody and they have joint legal custody. She sued him that the number visitation days she's getting is over 40% and wants joint physical custody. During the hearing the judge allowed them to negotiate. My fiancé went ahead and waived the child support but we only got 9hrs a week back when they child is at school (no use for us). We're unhappy with everything and being in court yesterday was nerve-racking. Now we're thinking that we should have fought it or got a lil bit more for waiving child support. I don't if it matters but the judge made them swear not to go back to court again or the person who files a motion will pay attorney fees. The new agreement is still currently being prepared and we should be receiving it soon to be reviewed and signed. Is there anything that we can do to make other changes that benefit us other than the 9hrs a week that the child is in school? We're afraid that letting our attorney know about this will just rack up our attorney fees. Every time our attorney reads an email or talks to us on the phone pretty much increases the bill.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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What are some arguments I can use to avoid paying private

What are some arguments I can use to avoid paying private school for my children?My X-wife has sole legal custody and we share joint physical custodyLast year my X was going to send our 5 year old to public school in fall of 2016This Jan she decided that she wants our child to attend a private school (which cost about $8,000 - $9,000 a year)I have been told I should not use the argument that I can't afford it because the judge can and will order it.I have not agreed to send our child to the school she picked.our divorce decree does address this as I pay 80% of all extraordinary expenses that are agreed on in advanceCan she use the fact that I agreed to a different private school last year?The change that happen is I lost my job and my new job pays me less than 1/2 of what I used to earn so I really can't afford to pay 80%.I did offer verbally to pay 50% of the tuition providing she would agree to a reasonable change in child support without litigation. her response was NO, you will pay 80% that is the judgement, I pointed out to her that is only i I agree.does agreement carry over to a different school and with a change of jobs?

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LegalGems

Juris Doctorate

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12,870 satisfied customers
I live in PA. My wife informed me by email that she will

I live in PA. My wife informed me by email that she will divorce me, but i did not see any papers yet. We have son 5 years old.If divorce will happen, most likely i will have to leave to different apartment or house. our current house is in not the best school district. I always wanted to move to better school district, but my wife does want to leave in current house.If i will live separately i want to make my son go to the best school. I plan to rent apartment in that school district in case of divorce. How can I make my son to go to this school district if she will make me "sunday father"? How can I make my son to go to good school district if we will have joint child custody after divorce?Thanks.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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I have a custody court date on 6/22 and have been in private

Hello,I have a custody court date on 6/22 and have been in private mediation since January. There was previously one continuance in my case (due to outstanding law enforcement and CPS reports) My son had disclosed inappropriate touching by his step mother.Now after 6 months, and only 8 days before court the mediator said she is going to ask our lawyers for a court continuance. I notified my lawyer yesterday that I do not agree to a court continuance. I think the mediator is abusing the process for profit, as there are no new developments in the case. Furthermore, 2 months ago, after a 2nd meeting with the case detective - I was told that the mediator never contacted the detective for status.Due to lawyer costs I am directing my questions here first. What are my rights, as I do not wish a court continuance? Six months has been long enough given that that case events transpired in Dec 2015, we went to court in Jan 2016 and have been in mediation and my son in counseling for the last 6 months.Also, would it be unwise to let the mediator know that one or more of the investigating agencies verified that she was never in contact with them? Surely, this looks bad for her. Should I, or my lawyer, perhaps advise the mediator of this so she might change her position? Please advise.Thank you.

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JD 1992

Juris Doctor

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My husband claims to be a day trader. However, past 10 years

My husband claims to be a day trader. However, for the past 10 years on our tax return I am the only one with positive income from my W-2. However, he seems to acquire money from his mom to put in his stock market account just enough to get by. We are now living with his disabled mom which is getting frustrating since he is unwilling to go look for a real job and his mom is behind in her mortgage (1 year+) and property taxes(1 year+) We have an 8 year old daughter and son in college. I have been out of work for the past year. But just recently started working part time at a department store but looking for a full time aerospace engineering job. If he refuses to get a job since he is fine with just barely making it with his mom's limited funds. And I get an engineering job in another city in Florida and I file for divorce. Will I have to pay him alimony and child support for the time that he will have our daughter?

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Olivia Kent

Managing Partner

Law

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1,582 satisfied customers
I would like to know if the FL-311 is required to be filed

I would like to know if the FL-311 is required to be filed when Joint Legal and Joint Physical with visitation to both the Petitioner and Respondent are chosen in the Petition and ResponseJA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please give me a bit more information, so we can help you best.Customer: My spouse and I are both residents of CaliforniaJA: Is there anything else the Family Lawyer should be aware of?Customer: 2 of the 7 children were not fathered by me. I am listed as father on their birth certificates because I was in a position to care and provide for them. My spouse wants me to give up parental rights to those children because she intends to marry their biological father.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.

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Maverick

Doctoral Degree

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5,788 satisfied customers
I plan on moving later this year to another county, I advised

I plan on moving later this year to another county, I advised my ex husband and he's not okay with my new proposal for visitation. he currently has him Thursday evenings, Friday evening and ever other weekend. I proposed during the school year I have him Monday - Friday and on his weekends, I will drop him off Friday nights and puck him up sundays. We currently share "joint Physical custody", I currently have "Primary physical Custody" (this what it says in my divorce docs.What do I need to do? am I able not to move away?

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Ely

Counselor at Law

Juris Doctor

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62,818 satisfied customers
I live in Minnesota and was awarded sole physical and legal

I live in Minnesota and was awarded sole physical and legal custody of my 2 children 2 yrs ago due to my ex wife's alcohol and script drug abuse. She still resides in a half way house and gets general assistance but is applying for legal custody. The kids most of the time do not want to speak with her on her one day a week allotted phone call, per the court order and really do not want to see her. I'm looking for some input on the law in MN to see what the factors are that would grant her the right to get legal back on the kids? Thank you for your input. Bryan.

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Olivia Kent

Managing Partner

Law

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1,582 satisfied customers
Why, if my husband and I both agreed that a larger

Why, if my husband and I both agreed that a larger percentage would be taken from his check for child support, would a judge still choose not to sign the papers based on our mutual agreement?

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Chris T., JD

Lawyer

Doctoral Degree

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7,364 satisfied customers
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