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Recent Joint Physical Custody questions

My son has filed a motion in Family court seeking joint

My son has filed a motion in Family court seeking joint custody. If and when this is granted, he will be ordered to pay child support. Will his right to visitation also be court ordered or something left to the parents to work out? Because of the distance that separates them he is afraid he will see his daughter so infrequently that a relationship will be difficult, especially while she is so young. His daughter is not only separated from her father but she also has a brother who is living with my son, but who has a different mother. My son has full custody of him.Is it possible that a father who has been the sole support of his daughter since she was born, along and the mother, would not be granted joint custody? You had said, "While a Judge will probably frown on her moving so far away, she hasn't broken any law yet." Do you mean that she will be breaking a law if joint custody is granted to my son?

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Olivia Kent

Managing Partner

Law

1,724 satisfied customers
I need help with a potential divorce in Iowa involving 2

I need help with a potential divorce in Iowa involving 2 children ages 8 & 10. I am an overnight accountant and I'm wondering if that will hurt my future custody arrangement. Their father is very good to the kids so I believe we would agree to 50% joint physical custody. He makes 4 times my income and I also need help with estimated child support figures and alimony. I make $30,000 and he makes $120,000 annually.

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Gerald-Esquire

Juris Doctor

5,136 satisfied customers
I am going through a divorce right now. We are first going

I am going through a divorce right now. We are first going to file in court. My husband is a high-functioning alcoholic and can be verbally abusive and very controlling. I have a 14 and 15 and a half year old. They want to remain with me full time. At one point because I was going to agree to less than the minimum money he was going to let me be the primary parent and have them every other weekend and 3 weeks vacation. However there has been a lot of conflicts in the house and now he wants to either have my son full time and my daughter with me or have both of them half the time. I don't have a lot of evidence other than the testimonies of my children and family about his behavior and drinking. Nothing is on the record. And because I have tried to protect my children over the last few years from his explosions and controlling nature. He is trying to make the argument that I am alienating him. I am being told that no judge is frequently get shared custody. Spell initially my lawyer told me he thought it was unlikely that he would get this he is now I'm not sure. My main question is how long can I drag this out so there is a final judgment. At a minimum if I could at least be here in the home with them for another year it may go easier on my phone when he eventually has to go with him. The other question is when my son turns 18 can he move in with me. Even though that doesn't have documents might say otherwise isn't it his right when he turns 18 and to therefore he wants?

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Gerald-Esquire

Juris Doctor

5,136 satisfied customers
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

21,874 satisfied customers
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

13,532 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

756 satisfied customers
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

35,316 satisfied customers
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

1,724 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

6,358 satisfied customers
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