My exhusband filed for custody of our children and lost about a year ago. The judge granted him all summer for visitation though. We live in TX and ex is in MI. He took my daughter last summer and only had her 10 days out of the whole 3 months the rest of the time she was with his parents in WI not even the same state. My ex took their social security money and then shipped them off how bad is that, Is there any thing I can have done to prevent him from using the children as pawns just so he can get at their money for a few months?Since my daughter does not want to go stay with her dad and she is 16 will the courts hear her? Also how will this impact my 12 year old who is governed by the same order. He would rather stay home as well. Is it likely that a judge would at least shorthen visitation? Perhaps address the issue of the money? What would be the best way to proceed?
2007-12-04 17:48:20 · 8 answers · asked by dacus2472 2 in Politics & Government ➔ Law & Ethics
First you need a lawyer. Then you can petition the court to modify the visitation order. The experience from last summer will be important. And they will give great weight to the wishes of a 16 year old. It may be harder for the 12 year old, but the court may well order him to keep the kids with him when he has custody, which may end up shortening the visit.
2007-12-04 17:52:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First of all, yes the court will hear your 16 year old. He will also hear your 12 year old. They both need to make it very clear that they do not want to visit and why. Perhaps, they can tell the judge that daddy keeps them a week or so and then takes off and leaves them with other relatives. The money situation is a little tricky. If you could prove he took it, he would have to pay it back.
2007-12-04 17:52:44 · answer #2 · answered by FolkstonHorseLover 3 · 0⤊ 0⤋
This is a rough one.
Look, I was your 16 year old kid as well as the 12 year old. I lived this.
20 years later, I realize it really was worse for me when I was forced to go to a place where I did not want to be, with a man who I now know would of rather been doing something else.
If your ex is a great dad, or the grandparents are great, you should send them even if they do not want to go, They will thank you for it one day. Really.
But if they are cold, unloving or inattentive, or whatever, don't force them.
Stay strong.
The judges listened in my state, CA, and that was 20 years ago.
2007-12-04 17:54:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You need to take this to your attorney. The court will listen to the wishes of the children.
Why are your children getting Social Security money?? That money can only be spent for the support and care of the children. Talk to the Social Security folks, I suspect they might like to have a chat with Daddy.
2007-12-04 17:57:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In this state, if a parent moves over a hundred miles away from the 'shared residence' then they forfeit their rights of custody, etc.
There are lots of sites on the internet about family law. Try to contact a free lawyer through your state and see what you can get done.
2007-12-04 17:52:35 · answer #5 · answered by lllll 4 · 0⤊ 0⤋
The court really can't force a teenager to go to a parent that they don't want to be with. In CA when a child is 14 they can pretty much decide where they want to be. If they really don't want to go, don't force them.
2007-12-04 18:00:04 · answer #6 · answered by Wintergirl 5 · 0⤊ 0⤋
Have the judge talk with the children, they both are at the age where they don't have to go if they don't want to.
2007-12-04 17:52:45 · answer #7 · answered by glamour04111 7 · 0⤊ 0⤋
Talk to your attorney.
2007-12-04 17:51:27 · answer #8 · answered by drshorty 7 · 0⤊ 0⤋