Why is it that US child custody orders always over rules a conflicting child custody order?

Why is it that US child custody orders always over rules a conflicting child custody order of another country if the child is a US citizen or a duel citizen of the US & Germany? The child is in Germany with her mother and is very happy living there with her mother according to the US embassy. The US child child custody was entered first, but is not legal binding outside the US according to the US Department of State. The German child custody order was entered in Germany after the US child custody order was entered and this is legally binding in Germany. She is born in the USA and was seven years old when her mother took her to Germany.

BECAUSE!!!!! His sister wanted the cinnamon toast!!

What should I expect at a divorce mediation. what should I do to be ready at that meeting?

My wife left my three boys and I two years ago, and she has not even called any of our kids even once in the last two years, not even for any of their birthdays. Because of a four-car accident on September 4, 2007, I am not able to work!

This Monday I will go to mediation with my lawyer to meet with my wife and her lawyer. I don’t know what to expect!!!!! Can you help me?

Even though she has none visited or called the children in two years, she bizarrely is fighting for custody of the kids anyways, which has cost me $13,000 just for divorce lawyer fees alone. However, my three boys are doing wonderfully in school, and they are very happy with many friends. In addition, are there pro bono lawyers for divorce? Thank you for your time.

Don’t agree to anything. Go away, think about it, and come back (if this is allowed).

Document, document, documents like the others said.

Let your lawyer speak for you.

She will LIE and possibly accuse of things that made her run away like domestic abuse or say you didn’t allow her to see the kids. DON’T LOOSE YOUR COOL!!!

Write down points you’d like to redress and do so in a calm manner.

Deep breaths.

Returning to divorce mediation?

A few years after my parents divorced through mediation, my dad said he wanted to go back to mediation and cut my mom off from his health plan? Is this legal/allowed?

Normally, at most jobs, an ex-spouse cannot be on the insurance of the other spouse. She is no longer considered a family member of the employee. In CT one can get 2 or 3 years of insurance under COBRA and after that, unfortunately you are out of luck. I became one of those millions without insurance until I was lucky enough to find a job that gave me insurance.

is it possible to go to court for custody of a child without an attorney?

My daughter is in another state (very far away) with her father. We were never married and there is no court order for child support or visitation. I want to go there and file for custody of my daughter. However, I have no money for an attorney. A good child custody attorney begins at $3000 and that’s just the retainer!! She is in a bad situation how can I get her back without an attorney??! Is it possible to do? Or will the judge order I get an attorney?

You need an attorney especially if you are out of state. The judge won’t order you to have one, but your chances are not that good without having a fair idea of the law and producing evidence that she ‘is in a bad situation.’ If Social Services has been called, then you have a lot of help there.

Getting ready for divorce mediation. Advice?

Well, my ex-husband and I have been dragging our feet as far as the divorce goes (insurance reasons, etc.) but we’ve been separated for going on two years now. We’ve filed for divorce, completed our paperwork and on Monday we’re going to mediation … (we’re divorcing without lawyers — our separation is very amicable. We’ve agreed on everything).

Just wondering if there were any last minute steps I need to take before we go in. I’d like to get in and out as quickly as possible (they charge by the hour). BTW, we live in Indiana and have two children.

Thanks!

Just make sure you have outlined the points you need to bring up and have all your paperwork in order (if applicable). Keep your "arguments" on point and short.

The key to mediation is to remember that you have two ears and one mouth. Use them in that proportion.

Divorce / Mediation agreements… future plans question..?

As part of the mediation process, there is a requirement to state whether you plan to live with someone in the next 6 months..

I’m thinking that you could quite legitimately say no, you have no plans to live with someone in the next 6 months, and then meet someone or have your plans change and end up in a co-habbiting situation…

Can anyone tell me if there would be any repercussions (ie financial – or any other that you’re aware of) as far as the divorce agreement goes? Or is it suffucient that at the time of signing the ‘I won’t live with anyone for 6 months’ part that you meant it?

thanks

Hi!! If you have to think along those lines you have no trust in the person, or the situation, and it my opinion that you would be far better off cohabiting.
That is no foundation for marriage at all.
There must be absolute trust and confidence in your ability to get through any rough passages.

Father wants custody of child living with grandparent?

My fiance’s brother wants to gain custody of his daughter who is living with the mother’s mother. The mother signed over her rights to her mother, but the father never signed anything. Does this give the grandmother full rights to the child or is the father able to take custody of his daughter? Currently the grandmother is trying to limit his visitation, is this legal of her? She works at a law firm and is using her job to take advantage of his ignorance to child custody laws.

They have not been to court for this or filed for legal custody. The grandmother has filed for child support though and was granted it from both the mother and the father.

They live in the state of Maryland.
Warenjudew – can you supply sources for me to read that say that if the grandmother has claimed child support that it automatically gives her court awarded custody? Even if the father is not absent and sees his daughter regularly.

It is impossible to get child support on a child you do not have legal and or phsyical custody of. and maryland has different standards for each of them. If the child lives witht he grandmother and the legal guardian, the mother, put the child there then she has physical custody of the child.

Your fiance’s brother needs to establish his parental rights. I can only assume that they weren’t married at the time of birth, which in maryland gives him ZERO legal rights tot he child. But here is where it gets confusing. If they were married then he already has legal rights to the child and there should have been specific visitation outlined in the divorce decree. If they weren’t married then the state of Maryland has to prove paternity in order to get child support, unless he just rolls over and gives in, which is not in his best interest. 33% of men paying child support in the US are paying for children that are NOT biologically theirs, but once support is established you can’t go back and say "But i took a DNA test and I’m not the daddy!", in the eyes of the law you are the daddy you paid for the child and biological matters are of no concern.

Have this guy come to http://groups.yahoo.com/group/DadsHouse/ that is a group on yahoo’s that is specifically for dad’s rights and we have people who have been through similar situations, judge’s lawyers, children advocates and other dad’s and step-mom’s on here to use as sounding boards and get advice from.

Good luck!

How would a mother feel if during a nasty child custody battle she loses custody of her daughter?

How would a mother feel if during a nasty child custody battle she loses custody of her daughter? She latter finds out that the father takes very good care of his daughter and she likes living with her father. The father does not interfere with the relation ship she has with the mother, but gives the mother more visitations that the courts will make him. She is a very good mother.

wow that is a hard one, I would just hope that I would have the strength to be there for my daughter and just be happy that her father is a good one and does allow more time with your daughter then the courts allow. How old is the daughter?does he plan to change that when she is a teenager? Does he have a better paying job than you that might be why the courts gave him custody. I just hope that the fighting doesn’t go on during exchanges with the child around now that you are divorced, is all the nasty divorce stuff over? oh, and just make sure that you both tell her that it was not her fault that you. divorced and that you both love her very much, just not each other.

divorce mediation costs?

I am supposed to be attending a divorce mediation tomorrow- my lawyer says that there is usually a charge for this that is paid for the mediator (he gave an average of about $75/hr).
Does anyone know if this is true?, because I feel that this lawyer has been bs me the entire time but I already paid him and luckily there isn’t much to fight about with the divorce or I would have found someone else by now.
Thanks
I am in Georgia.
We have already decided that the marriage is over. We were in the middle of the divorce but it has been put on hold because of another court case. But I guess thought this was taking too long and scheduled this so I just need some opinions of whether or not this price estimate is accurate before I get ready to pay someone.

. I can’t tell from the web site below if this is Required or if you have a choice.
"…many Georgia counties now require a "good faith" effort by divorcing couples to come to an agreement through the process of mediation. This does not mean that the couples are forced to agree. They are simply asked to attempt to find their own solution before the case is presented to a judge."
… This site might be useful @ http://www.georgialawoffices.com/family-06.htm ; …
"…many judges enter an order requiring the divorcing couple to attend mediation before starting the long, arduous process of going to trial. " …….
….. So it looks like $75 is likely. This ‘mediator’ will probably try to stretch your meeting for as long as posssible!!