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Recent Shared Parenting questions

If my ex and I can come to an agreement about the children's

If my ex and I can come to an agreement about the children's schedule and shared expenses, does a custodial parent HAVE to be named? I have the kids 18 days a month and she has them 12 (most months unless we need to switch for any reason). However, the kids use her address for their school district. Would I be considered the custodial parent since I have them more or would she because her address is used for school? Or is it based on something else?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

1,866 satisfied customers
Will parents failure to communicate and hostility towards

Will parents failure to communicate and hostility towards each other in contested custody determinations cause one to not be granted shared parental responsibility?

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LegalGems

Juris Doctorate

16,138 satisfied customers
Does a dissenting opinion in an appellate case hold any

Does a dissenting opinion in an appellate case hold any merit if it conflicts with the prior majority analysis of other courts?For example Stepp v. Stepp 1988 was a milestone case for the shared parental responsibility law being applied to unwed parents just as it would married parents, stating that there be no need for the unwed father to find the mother unfit.Turn now to Bainbridge v. Pratt 2011, which the dissenting opinion would seem to turn prior decisions on its head and add the substantial change test, which is similar to the finding of unfitness, to initial determinations for custody.Which opinion controls what tests are applied to initial custody determinations when you still have laws like 744.301 and 742.031 that grants sole custodial rights to the unwed mother?

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JD 1992

Juris Doctor

37,212 satisfied customers
My ex husband adopted my son while we were married. Now that

My ex husband adopted my son while we were married. Now that we are divorced, he is making life difficult and miserable for my son. Nothing he does falls under abuse or neglect. We have 50/50 shared parenting. My son is only 7. Is there anything I can do to get the court papers changed to lessen the decision making abilities and amount of time my ex gets with my son?

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ScottyMacEsq

Doctoral Degree

24,026 satisfied customers
I live in Fairfax VA and I have full custody of my daughter

Hello,I live in Fairfax VA and I have full custody of my daughter since my estranged husband has been deported to Malawi in Africa. He is asking that I put co-parenting in our divorce. Not sure how that is going to work since he is in another country. He also wants me to put consent visits to Malawi. Can you let me know how this affects me if I put this in the divorce?

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LawTalk

Attorney at Law

Juris Doctor

35,922 satisfied customers
I was divorced in May 2015. We have two children, ages 5 and

Hello. I was divorced in May 2015. We have two children, ages 5 and 7. My ex wife took the kids to a pediatric wellness check up in March 2016. She told me nothing after the appointment except that everyone is fine. I had occasion to review the report from that checkup recently, on an unrelated medical issue. I noticed in the physician's notes that my ex-wife "declined influenza immunizations" for both children - effectively going against medical advice. She had not informed me of this. We have shared parental authority on major medical decisions, while the parent with timesharing on a given day can make day to day decisions. I consider this a major decision, as it's recommended by the CDC. I informed her that I'd be taking the kids for flu shots this weekend. She said nothing. If she subsequently claims I brought the kids for flu shots without her consent, can she claim I'm in contempt even though this is again a strongly recommended vaccine per the top disease control agency in the United States?

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FamilyAnswer

Juris Doctor

33,960 satisfied customers
My son's father and I have shared parental rights and

My son's father and I have shared parental rights and responsibilities, but I have primary residency regarding our 6 year old. I just recently got a job, and have asked my son's father if he would be willing to occasionally take time off from work when our child is sick or has a doctor's appointment. He immediately said it was my responsibility to have to call out of work, therefore jeopardizing my job. He then threatened to get joint custody of our child if he is required to call out of work. Where do I stand? I reside in Maine.

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Loren

Juris Doctor

41,260 satisfied customers
My ex wife and I went through a mediator for our divorce.

My ex wife and I went through a mediator for our divorce. It's been one year completed already, but only Joint Physical and Joint Legal were specified for shared parenting, no specific parenting plan. I know for a fact 50-50 was the goal once I was able to get my own place with a house and room for the kids, now ex wife is denying that 50/50 was discussed through mediation and says only 20/80...I called our mediator and says "he can't remember what was discussed, will have to check his notes, but he can't testify anyway."...Is there any way to subpoena those notes or get him to help remedy the fact that my ex wife is now lying while trying to get modification a 20/80 plan in court?

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RayAnswers

Lawyer

Doctoral Degree

40,266 satisfied customers
Can a declatory judgement of paternity be brought on a

Can a declatory judgement of paternity be brought on a motion instead of amending the original paternity petition or seeking a separate complaint?

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Lucy, Esq.

Juris Doctor

32,552 satisfied customers
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