My ex and I divorced 3 yrs ago. We have joint custody. Child support is the first check I write every week. I get the kids every other weekend. I work at night so having them during the week was not set up. I now am going to be getting a promotion and will be working day shift and would like to have the time split. one week with me, one week with her. She is making a big scene about this. My little girl is 8 and she wants to spend more time with me and do the weekly deal. My son is 14 and when I asked his thoughts he said he wanted to spend more time with me, but was worried if his mom was doing something the week he would be with me and he wanted to go with her( his mom is friends with his "girlfriends" mom, and they go visit or eat over sometimes). She is getting ugly with me constantly bringing up past problems what I dont understand is she has remarried. Thought she would have let go. So do you think a judge (or intake officer) will grant me more time with them?
2006-10-25 18:13:14 · 8 answers · asked by kboy221 2 in Politics & Government ➔ Law & Ethics
Let me add that she doesn't follow the initial court arrangements, like informing me of children's grades, I have to email their teachers and i carry medical and dental insurance on them she pays copay and anything up tp $100, over that we have to split. I had to pay the dental bills cause she let it linger over a year. They wouls send bill to her house. I always bring kids to dentist so when they told me about it I just had them send me the bills i pay them and deduct it out her child support check like $30 a week till i'm paid back I also make copies of the bills and send her a explanation with a calander showing how i'm paying and when the deductions will stop. She never once said anything about it.
2006-10-25 18:38:21 · update #1
It does sound like you have your children's best interest at heart and I applaud your efforts to spend more time with them.
Which is why I think it’s important for you to understand that it’s unrealistic to ask your children to spend one week with you and one week with her? This is extremely disruptive to them. Children need one home base. You will be doing your children more harm if you shuffle them between two homes. I have only once ever seen a judge grant one week on and one week off. And, it wasn't the children who moved, but the parents (they shared two homes and moved to one or the other every other week).
If you truly want more time with your children, you can go to Family Court (in the county where the children reside) and request a custody modification petition. Complete it yourself, or bring it to a lawyer and request more visitation. Consider a schedule that is better suited to the children, such as every Tuesday and Thursday night, every other weekend, and for summer vacation. You can also request that she has to use you as her first call for babysitting.
Explain your change in circumstances (new work schedule) and your desire to see your children more. Prove how this is a good thing for them, not just for you. Make note of the good things you are doing, (paying child support regularly, taking advantage of your entire visitation). And if your ex is violating your original order, you can address this at that time.
Submit your petition back at family court (or your lawyer will do this) and you will be given a court date and time. She will be served with the petition and you will both appear in front of the judge. The judge will make a decision on a temporary basis while he exams it further.
If she agrees to more visitation, than it will be done and over with. The judge will order the changes and you will get your kids more. If she doesn't agree, then her lawyer and your lawyer (paid, or court appointed) will haggle over the details to reach a compromise. If no compromise can be made then the judge will make a ruling.
No one can tell you if a judge will grant you more time with them. Anything can happen. He could grant you exactly what you are asking for, he could grant you more time, or he could make no changes. He could even grant you custody or suspend your visitation (though not likely).
A lawyer in your community will have a better gauge for what is typical of your family court judge.
Best of luck.
2006-10-26 02:07:38 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You might, be in essence, a foster guardian or kinship guardian. I might touch the social employee of your youngsters and inform them who you're. The largest factor you must fully grasp is if the state took the ones children away, they'll constantly attempt to reunify with the guardian(s). They must have a caseplan together with your cousin and if she does the whole lot at the caseplan, she will get the youngsters again. Usually caseplans have a time-frame of a 12 months (a few mother and father bend the method and drag it out to 2 years earlier than they do some thing). Get in contact with that social employee to look if the youngsters will also be located with you however be conscious that so far as the state is worried, you're now not their mom. They would possibly go away them with the "grandparents" and your choices would be narrow.
2016-09-01 02:51:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Petition the court that you be given the custody considering that you already have money and time for your children. The court might grant your request but be sure to present all the necessary evidence.
2006-10-25 18:19:26 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Good chance because of your change in employment situation and the fact you are complying with the previous orders. You might try mediation before heading straight to court, less expensive and they allow more vocalization of reasons for or against rescinding previous court orders to review and update to current abilities of parental responsibilities. Good luck your kids need you.
2006-10-25 18:19:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes, i think you will be granted more time with the children and i think that will be good for all of you. i just want to say re: you thought your ex-wife would have 'let go' by now. She is probably scared shitless of losing what she still sees as her little babies. I know they are yours too. get yourself a good stock phrase like 'this isnt about what happened between you and me', or 'this is only about the welfare of the children' or 'i think we should avoid arguing for the childrens sake' you know, whatever works for you, and just keep repeating it whenever the **** starts to fly.
2006-10-25 18:29:31 · answer #5 · answered by asiwant 3 · 0⤊ 1⤋
How wonderful that you want to spend more time with your children,I sure wish more men were like you.I see no reason you wouldn't get want you want.Your ex should feel grateful that you are doing the right thing for your children.
2006-10-25 18:46:13 · answer #6 · answered by stellablue1959 5 · 0⤊ 1⤋
it is always possible,and in your case probable!I have been studying law,because of my grandchildren,and you should get what you want,as long as you present the facts accordingly.Ask the judge to ask the son,since he is old enough,on what he wants to happen,the judge will listen to him also.
2006-10-25 18:42:53 · answer #7 · answered by malibu 2 · 0⤊ 1⤋
Been there done that. Back to court and you will get exactly what you want. Guaranteed
2006-10-25 18:18:34 · answer #8 · answered by Anonymous · 0⤊ 1⤋