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Recent Shared Parenting questions

My ex and I separated 8 months ago, were not married, have a

My ex and I separated 8 months ago, were not married, have a 4yr old son, and currently have a shared parenting agreement to which he is the residential parent for school purposes and I am the residential for any benefits. Our time split is actually more like 65%/35%, with me having more time. We had a verbal agreement on child support, which he paid for 2 months, and stopped, refusing to help with simple expenses such as clothes, shoes, and haircuts. I went to go file for child support and found out that since we had that specific residential wording in our agreement, I am not able to file for support. My ex is a prosecutor and had one of his friends draw up this agreement (I know, I should've known better!), and I didn't realize it would preclude me from getting support. My question is: can I and how do I go about changing the agreement to have me as the residential parent? I don't want to change any of the actual time either of us has him, just the status of the agreement to be able to get a little financial help.This is not something my ex will go for easily either.Thank you, ***** ***** would be greatly appreciated!

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Roger

Litigation Attorney

Doctoral Degree

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PEARL, SORRY......Pearl, I wrote you and was contacted by an

pEARL,JA: Because laws vary from state to state, could you tell me what state is this in?Customer: SORRY......Pearl, I wrote you and was contacted by an atty but I forget his name and lost the message he left me on voicemail. Any way you can find that info?JA: Have you talked to a lawyer yet?Customer: I wrote in May...unsure of date of letter. My divorce was final 2009, I live in Kansas.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: My letter in May reviewed some issues of my divorce and shared parenting issues. My atty was only 'present' for proceedings, never interceding on my behalf. My husband sold marital property during divorce, withheld alimony the last year it was due and paid mortgage late forcing me an extra year before refi on current home causing loss of income, I borrowed $50k in school loans to be work ready, child support never increased although I am residential parent and children currently are ages 17,15 and 12, and husband drops childrens insurance when he needs extra money. Entire profit from our first home lost to his credit card debt, I left marriage with no assets although I entered marriage with no debt and $11,000. but main issue now is children. Original divorce agreement states he is to have them rotating weekends and one night/wk. Husband watched children when I became employed every weekend I worked without legally changing agreement but complained all the time. I discover he has left children alone on the weekends for 12 hours or more, even when they were with him only every other and much younger. Sometimes with no food. My 17 yr old has failing grades, and all children's activities have been up to me, therefore they are very limited. Husband will not co-parent or agree on issues, shows up unexpectedly to take children, does not leave emergency contact info for me or kids, is basically available only when he wants to be. He only works 10 days a month, but claims he is 'always at work'. I now am in committed relationship with very stable partner, after my husband stated he was not available to drive kids and suggested I not take another job (I will be taking on full and part time employment to pay bills soon) in order to drive children-he reminds me on occasion that he 'pays me to do this job'-referring to raising our children. So I suggest that we return to the every other wkend schedule or that I take full custody because if I am at work, my partner is available and more than willing to co-parent. My ex-husband is never around for emergencies, not for the wreck my 17 yr old had a month ago, but myself and my partner are. The children always have a responsible adult present in my home. Now- my ex husband is threatening to fight the original every-other weekend agreement stating 'his concern for the welfare of the kids'. He shows up unannounced and removes children from my home today. I am afraid he is also manipulating them regarding my desires, as both my 15 and 17 yr olds texted me tonight saying 'to leave us at dads house this weekend, even though he wont be home fri-monday, there is plenty of food'.JA: Anything else you think the lawyer should know?Customer: What do I do? I don't want my children neglected, I don't want them manipulated. I know I cannot make someone be a parent, but my life and my children's lives constantly revolve around this man-we don't know when he's showing up, if he is going to pick my child up from school or practice, if he is driving this week...etc. Its ridiculous. There is no life for any of us because this person refuses to cooperate or comply-everything is a power play. I just think having the kids full time would help so much with stability, happiness, safety, security and predictability. There wouldn't be two separate homes with conflicting rules. But my husband - who objected to having them more at one time-refuses to have them less--even though he isn't home at all!!!! That it. I am an RN, Kevin Miner-my husband is a contract physician who makes 20k working only 10 days a month. He spends money stupidly, has a new fiancé (social worker helping him write these letters to me regarding my children) and whenever he is low on money, drops the kids insurance or denies someone something instead of just picking up a few shifts. Like he stated once, he became a Dr. so he 'wouldn't have to work hard like everyone else'. HeJA: 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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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I'm in Florida and my ex wife and I have shared parental

I'm in Florida and my ex wife and I have shared parental responsibility. She recently enrolled my daughter in a daycare without discussing this matter with me and refuses to place me on the pick up list even during my timesharing and is requesting I drop her off there and then have to deal with my ex's grandmother to pick my daughter up during my timesharing. Is there anything I can do so that I can pick my daughter up and can the daycare prevent me from picking her up on my time?

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LegalGems

Juris Doctorate

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Had children (twins) with a guy in Louisiana when I was

Had children (twins) with a guy in Louisiana when I was younger. We split up and we agreed to split the custody 50/50. He's gone back on his word and I haven't gotten to see my girls. I never signed any papers at all relinquishing my parental rights or anything like that at all. I now live in SC he is still in LA. Dont know my options and lawyers round here are too expensive!

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Lucy, Esq.

Juris Doctor

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My former boyfriend and I have shared parenting of our 13 y/o

My former boyfriend and I have shared parenting of our 13 y/o daughter at present lives with him by her choice and we agreed, my question: he is presently in jail for domestic violence against his live in girlfriend, this is his 12th arrest for the same, my daughter wants to continue to stay at his house with his girlfriend, I feel she is not safe there and he is not their What avenue or who do I call to get a temporary emergency custody? my daughter doesn't want to come to my home because I do not live in her school district I just want her with me safely. Yesterday I went to pick her up from school and her father's girlfriend took her out of school early without my knowledge What do I do? Please advise Soon Thank you Brittney Rummer

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LegalGems

Juris Doctorate

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My baby's father and I have shared parenting. He gets her for

My baby's father and I have shared parenting. He gets her for a few hours on Wednesday and every other weekend. But she comes home scratched up and dirty. She does not take a bath the whole weekend she is with him and I have had to take her to the doctors several times because her private area was red and hurting. The doctor said it came from her not being wiped or cleaned. He also, does not come get her, when it is his time to have her. He has also constantly harassed me to the point I had to get police involved. I also have to call the police out a lot just to get my child back. At this point, I want to know what I can do legally to put an end to all this. I've tried talking to him and this has gone on for 4 years.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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Question on stepparent adoption..SITUATION: I have been with

Question on stepparent adoption..SITUATION: I have been with my husband for 4 years, married for two. He has two daughters from a previous marriage. Ages 5 and 8. From the moment I came in the picture the real mom was hardly involved in their life. I have raised them as my own and they call me mom. My oldest stepdaughter has numerous times asked If I could be her real mom and adopt her and the youngest thinks Im her real mom. Their bio mom does have contact with them but its very slim. All together they probably receive 20 phone calls a year and see her an average of 3 times a year. And these visits are with the help of her grandmother. She can never seem to have them alone. She is in and out of jail, currently on probation. She up and moved 7 hours away and didn't even say anything till she was gone. She moves several times a year. At one point lived 5 minutes from us and we didn't even know till like 3 months later. She does not help out at all financially. They do have a parent schedule. Shared parenting, with my husband having primary decision making. But she does not and has not followed the agreement. She will by no means just sign rights away because she likes to pretend she is this amazing mom. Do we meet circumstances where we could fight for a stepparent adoption? Thank you

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Samuel II

Attorney

Doctoral Degree

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If I have a court ordered shared parenting plan and spring

If I have a court ordered shared parenting plan and spring break is not included in the order can it override my week??

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LegalGems

Juris Doctorate

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My husband is divorcing me. We are both military with

My husband is divorcing me. We are both military with schedules that switch from days to nights roughly every quarter. What can I reasonably ask for as far as a parenting plan is concerned? My daughter is 15 months old and he is divorcing me through Florida. Thank you for your time!

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Christopher B, Esq.

Attorney

Juris Doctor

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