My friend's lawyer told her that there is nothing that can be done to make sure the dad is the one who picks up the son on visitation day. They have joint custody and now after two yrs,he is wanting to modify the custody agreement to where he has sole custody. When they were married he rarely spent time with the child.
2007-06-22 14:41:01 · 9 answers · asked by d j 1 in Family & Relationships ➔ Marriage & Divorce
Joint custody is between you and the ex. His new wife has nothing to do with that. She would only be in the picture if she had adopted your son, then she would have legal rights. But that is, fortunately, not the case.
You can just say no, she should not pick up the child. That she does this is insensitive and inconsiderate anyways!
What is this nonsense? Your friend should file for sole custody, not wait until she gets her child taken (robbed, really) from her by her ex.
She needs to find a new lawyer that represents her interests and helps her. Not a dimwit that doesn't fight for her rights. She needs to find someone that goes all out for her and her child. Really. She is the one who should file for sole custody!
Also, if the father gets sole custody, then that means that the new wife is one step closer to adopting the child. Then your friend might end up with completely nothing. And that would be heartbreaking.
Good luck.
2007-06-22 15:08:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
What he did during his previous marriage has no bearing on the current custody situation and the fact that he is looking into getting sole custody. And no it doesn't matter who picks up the child for father's visitation, he could have a friend or neighbor pick the child up, as long as the FATHER is in the home when the child arrives to spend time with the FATHER.
2007-06-23 04:40:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If they have joint custody and now he wants to change it to where he has sole custody he should NOT be allowed to do that. My ex-husband left me and I got custody of my kids with him visitation rights. He recently wanted me to make it 50/50 but I said no way. When they were married and he didn't spend time with the child in no way should he be allowed to have the right to have it sole custody. And don't let the child go with the new wife. Good luck to your friend.
2007-06-22 21:49:01 · answer #3 · answered by Mommyof2 2 · 0⤊ 0⤋
I would think you could hold the child back from going with her. Joint custody belongs to you and the father, not her. Also, if he isn't even interested in picking up his own child, doesn't seem like he's interested in having him. I'd seek a new lawyer. Some lawyers just don't want to bother.
2007-06-22 21:51:32 · answer #4 · answered by crazywoman88 4 · 0⤊ 0⤋
Unless she's one of the two who made the kid, your friend has no business picking Junior up. That time is designed for Parenting. With the absentee Parent.
If he can't pick him up then he needs to make arrangements with his child to spend time together when He can be there. Not the wife. The Dad.
If he can't p/u his son, then he can't have sole custody. He has to get the easy part down first.
I'd recommend your friend extract herself from the Father/Son relationship. She needs to tell him, 'No, hon, I can't pick Junior up. He's not my child. Just let him know when you can be there."
2007-06-23 07:57:55 · answer #5 · answered by Puresnow 6 · 0⤊ 0⤋
It's up to the judge in situations like this. You need to present your case, the judge will either order a mediation hearing, or just make a decision on the facts, and evidence that is presented to him. You can either go to the library, check out a book on court procedure, filing motions, and family law, or you will have to hire an attorney that does, with past experience in these exact situations. Perhaps (but not verified) the reason your friend's lawyer told her "there is nothing that can be done" is unless your willing to actually hire this attorney, he/she doesn't want to get legally involved, because the judge could possibly supena he/she to appear as a professional witness, or this isn't his/hers area of expertise. Every attorney has a certain area of expertise just like doctors do. Some lawyers practice: Family law, some criminal law, some corp law, some bankruptcy law, etc.
2007-06-23 02:04:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Your first question would be....... no......... not in California. They have loosened up the rules regarding who picks up the kids since so many people have to work later.
As far as changing the custody agreement... he better have a reason for asking for the change. Most courts aren't fans of being convened cuz one parent wants to pay less support or is just trying to "get" the other parent
2007-06-22 21:47:26 · answer #7 · answered by Aron1968_30 5 · 0⤊ 0⤋
Maybe the new wife wants to be part of the sons life too. She could be pushing the issue to keep him with his father. Think about the child and what is best for him.
2007-06-22 21:47:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Don't let the child go with her. See how he likes that.
2007-06-22 21:45:33 · answer #9 · answered by Sweet Suzy 777! 7 · 1⤊ 1⤋