What documentation should I bring to court for a child custody hearing?

My children’s father owes a lot of money in back child support. Now he has turned the tables on me and has filed for custody of my children. I don’t really know what to do from here, I just got the summons from the sheriff and I definitely don’t know what to bring with me to court. The kids have always lived with me and recently he has started getting them on the weekends… Help…

ask your lawyer….. what you need…..

if you don’t have a lawyer…. get one…. otherwise, you may be screwed.

How can I get information on a specific child custody case?

My daughter is living with an abusive man because some how he was given custody of there daughter. She has moved out 3 times but the abuse is still there. He holds there child and tells her mommy doesn’t love her that’s why she lives some where else.Says things like mommy is a fat ***, She’s at the**** bar … She is so miserable she just needs out. What does she have to do to get out with the child?

She needs to call, or you do, child protective services. They are there for the child first, many women are kept afraid that if the authorities come looking they will judge both and take the child away from both. In fact, they may well threaten to take the child from him for being abusive, and from her only if she is ennabling and contributing by remaining.
The courts want the child with the better parent. If he is seriously abusive she should call 911, get a restraining order and have him removed. An interim order, possibly for supervised visitation rights but not permanent, could be placed pending any criminal charges. Though it is better to remove herself and the child to where he cannot find them.

Is divorce mediation better than getting an uncontested divorce?

can anyone tell me how the whole process works? I have been researching the matter online but I would like to hear from people that have actually gone thru a divorce. My husband keeps putting off the divorce. He is the one that originally wanted the divorce but now I think I want it too. what are my options? if I wait on him to get the divorce it will never happen. I dont have a lot of money but I may have to be the one to initiate things because he keeps putting it off. What are your suggestions?

OK, first, let me express my sympathy for the end of your marriage. That is never easy no matter how much you want out.
Now, Here are the differences and what you need to know.
AN uncontested divorce is a divorce were both parties agree they want to end the marriage. The do not file grounds of abuse or adultery, they just decide to go thier seperate ways and thats that. No mediation is required UNLESS you have a considerable amount of joint property OR, if you are antagonistic (meaning you just hate each other and want to rip one another apart anytime youspeak.)
Now, if you have a large estate, or several holdings that need attending to, you may want a mediator. A mediator will help settle disputes where money is involved, but also between couples who simply can not agree on anything. A mediator will speak between your lawyer and your husband lawyer so you have no contact with your husband or his lawyer. THere is a goodly sized fee for this type of process, however, it is sometimes necassary and worth the added expense.
I recommend making nice with your lawyer and making nice with your husband. 🙂 SO as not to incur added costs and to get the marriage disolved in the least amount of time with the least amount of heartbreak.
Good luck!

Divorce mediation question can you help please?

My brother in Texas is going thru divorce, he had a work related accident which nearly made him a quadriplegic..(his error) his wife left him soon after since he could not support her so grandly anymore and she has alienated their 5 year year old terriby against him I mean it’s totally heartbreaking. heartbreaking..but anyway..he cannot even afford a lawyer , he has asked for and been granted a mediation. My brother keeps talking to his wife’s lawyer, going to tell the lawyer what he’s going to present at mediation and all that , he wants to show that the wife has totally brainwashed and alienated the child,. I told him stop talking to the wife’s lawyer she is not their to help you , prepare your statement for mediation and tell them. What should he do how should he handle the mediation? The wife also has a slightly mentally challenged 50 year old brother living with her that sits in his room all the time he’s home and watches hard core porn
also allowing him to watch the little boy when she is at work. My brother cries after trying to call his son and the by saying I don’t wnt to see ou anymore Daddy I don’t love you.. it’s possibe that the wife is telling the little boy that Daddy doesn’t love him ( the boy) thats why they are not living together the wife is very angry and I think has real emotional problems herself. Sorry to be so long but what can my brother do oe say at the mediation and should he keep talking to the wife’s lawyer?
my brother was an OTR trucker and was not home a whole lot, I guess life was pretty bad when he was home the wife would not let him play the kind of music he likes and my son was down there and said she even criticized the way my brother walks.. the woman really has a lot of problems she is somewhat OCD is what I think and she refuses to believe there is any way to anything but her way..anytime my brother was home and tried to do anything or say anything she was critical he enjoyed being on the road because home obviously was hell, he bought the wife 2 houses and cars tried to be affectionate with her but she said he "sexually harrassed her" if he would make little passes and try to caress her.
he’s not paralyzed he came close he’s recuperating and may need more leg surgeries, his back has healed.. he takes physcal therapy but is mobile he walks.. drives… but just cannot go back to work because the truck will bump him around and that can cause nerve damage. he only lives on 2thousand dollars a month a far cry from the 5 digits monthly wage he used to earn drivng and delivering trucks, and tho he could no longer pay the morgage on the house that was in his name..(the other one was in hers), but has rented a real nice 2 bedroom apt for himself and for his son hopefully for when the little boy is there on visits

Your brother sounds like he is in a tough and complicated situation, and there is no easy answer. He definitely should not be sharing his strategy with an opposing counsel, who does not represent his interest. However, I am very familiar with the mediation process. Mediation is a non-binding process where the parties will attempt to work a resolution to the dispute. In other words, the mediator cannot force a solution onto the parties, and only the parties themselves can reach an agreement on mediation. In essence, your brother should attend the mediation and present his side of the story to the mediator. The mediator, as a neutral party, will attempt to help the parties reach a common gound on the issues. Therefore, by attending mediation, maybe some of the issues can be resolved, or at least closer to being resolved. Since the mediator has no pwoer to force his will on the parties, attending mediation is essentially a "free spin" to try to resolve the issues.

If your brother truly cannot afford a lawyer, I would encourage him to check out a pro bono clinic in your area, and a lawyer may be willing to take his case for free. Unfortunately, this sounds like a complex situation that may not be resolved outside of the court system, and if your brother doesn’t have a lawyer, he may end up on the short side of the stick on this one. If you want to read more about the mediation process, I have posted a source article.

How can I file for child custody without an attorney?

How can I file for child custody without an attorney? Children are being abused and want to live with me. I cant afford an attorney but too high income for legal aid.

First, yes you can. Just get the papers. There are some paralegal services that might help. Court’s also sometimes have self-help clinics.

Second, call up your local bar association and see if they have an attorney reference panel. They usually set it up so you can get a consultation for a nominal fee. There is no obligation to retain the attorney you consult with. This maybe enough to get you going.

Third, children will tell you what you want to hear. They will also manipulate the truth if it will give them an outcome they want. That said, abuse claims are often taken with a grain of salt by the courts. There are alot of people who hurl an abuse claim and most don’t stick. You may need some back up stuff like from Child Protective Services or the children’s schools, or some place, to back up such an allegation.

Fourth, if the children are old enough, the court will listen to them regarding where they wish to live.

Fifth, children do not like being the center of a fight. Your ex probably won’t like the allegations you bring. So be careful.

Child Custody of children to a father but never been married?

What rights does a father have if the mother of a child(ren) did illegal drugs and the children were taken away. Then a court order gave the children to the father and the mother could have no contact unless the father was present, and she has no custody, but this was only for 2 months. There was no child support filed and the only thing that proves he cares for them is the cps paper saying he is the sole caregiver for the 2 children. What can he do to take full custody of the children?

In order to be an official custodial parent of the children he needs to go to court and request a paternity test. If the results are clear that the children are his, He can then be the official custodial parent due to the fact that the children were taken away from the mother that is if he does not have a criminal record of any sort. He will be able to take his children from where they are living and then the mother needs to pay child support. Good Luck.

How exactly does child custody work when a baby is born?

I’m pregnant and I don’t want to deal with child custody battles, but I don’t want my baby’s daddy involved at all. I don’t even want to put him on the birth certificate, but I don’t know if he’ll try to get a paternity test done… So how does all of that work? And what happens after paternity is established? Am I required to allow a paternity test?

Well, he could file for custody now, in the state where the child was conceived. In Arizona, he can take the child home from the hospital. Helped a father do that once. Hopefully, he will demand a paternity test. I suggest men do them on all children claimed to be theirs. If you don’t want him involved, you have to go to court and have a judge rule on him not having parental rights, which means he doesn’t pay child support. But, you cannot now, nor in the future, go on Welfare, which can override the order.

I do assume it doesn’t matter the damage this will do to your child?
http://tinyurl.com/FatherlessConsequences
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What is the Navy Reserve regulation on divorce/separation? Currently separated for a year and had mediation?

What is the Navy Reserve regulation on divorce/separation? Currently separated for a year and had mediation?
everything was agreed on and even shared custody was agreed on and we both signed the agreement. At this point would I have to get her an ID card or not. Health care I cant get her because I am employed by the federal government now, so I cant even get it for myself. Or do I even have to share with her that I am going into the reserves.

there are no ‘military’ regs this is strictly a civil matter.

you are not required to tell her anything but if she finds out, well.. who knows. the kids are entitled to ID cards for commissary and exchange privileges.

What is mediation like when going through a divorce?

Im getting divorced and my solicitor has recommended mediation with regards to financial matters,as my ex is being really awkward has anyone gone through this? and if so did it work?

My daughter found it OK. The Courts these days recognise equal rights so don’t expect the woman to get it all. Any children’s welfare is of the most importance to the Mediators and will be strongly taken into account regardless of any demands either of you might make.

The mediation process is very informal and friendly. There are no wigs and gowns. Just ordinary looking people helping to sort both your problems out. However both of you must agree to yourselves and each other to split any money and possessions fairly. No matter how bitter either of you may feel. The Mediators will guide you both.