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Topics - orais007

#1
our court signed custody agreement has me at 42%, but my children are with me most of the day 5 days a week with 2 overnights each week. I feed them, 2-3 meals a day, pick them up from school, help with homework, take them to the parks, soccer practices. STBX has only nights after 8pm and 1day a week. I work graveyard shift and cant change without having to pay childcare which defeats the purpose.  STBX makes almost twice my pay because of my limitations. Do you think I could get childsupport?
#2
General Issues / Divorce and Assets
May 18, 2007, 11:38:28 AM
Can anyone tell me if my STBX of 11years has rights to my retirement, 401, and inheritance from my grandparents?
#3
Paternal Grandparent use to be able to see her grandchild for first 4 yrs when child was with the mother, then mother signed off custody to her parents because she was going to jail.  Now maternal grandparents won't allow paternal grandparent to visit child.  Father wants nothing to do with child.
Does Paternal Grandparent have any rights, what if anything can she do to at least see child once in a while.  
#4
Father's Issues / Statute of limitations
Sep 22, 2007, 11:58:05 PM
I recently learned I had a son with an old girlfriend, he is now 16yrs old. I would like to have him live with me (mother agreed), but his mother says that if I acknowledge that he is my son, since she was on welfare when she had him, the state will come after me for any and all charges.  Is this true, after all this time do I have to worry?
#5
Father's Issues / What happens if
Aug 20, 2007, 06:47:00 AM
In our custody papers it states that neither parent can remove children from city or state w/out written approval from the other parent. The stbx is considering taking the children out of state and is saying there's nothing I can do about it because I know she will be back with them, so she doesn't need my approval.  Is this true?
#6
I understand that while the STBX has our children from 8pm till 7am five days a week, she gets full credit for physical time, then she has them only one weekend day. All other time the children are with me or the baby-sitter who is the STBX's mother.  
My questions are-
1. Does she get credit for the time the children are at the baby-sitter's, in the divorce papers she states she pays 300. a month for child-care.  
2. I have just changed my schedule where I will work only nights and will be able to have my children more during the day, and there will be no need for additional child-care,what are the chances the court will give me that extra time with my children so the STBX will not have to pay for child-care?
Thank you all for the help, it has helped more than you know, and kept me strong when it all seemed too overwhelming.
#7
Father's Issues / Just to make sure
Jul 16, 2007, 05:56:35 AM
I just want to confirm that I am reading this correctly, this is verbatim of the "Mediation Report", the Judge said he will sign.
STBX attorney sent me a letter to sign that says it is not Joint Physical, am I wrong? Or is she trying to trick me into signing away my rights. I'm in CA if that makes any difference.

"The parents shall share the children's physical custody in such a manner as to assure the child of frequent and continuing contact with both parents. Specifically, FATHER shall have the child's physical custody as set forth below and MOTHER shall have the child's physical custody at all other times."

To me this states, we have joint physical, am I wrong? Our time is 50/50, I know in Mediation that's what we agreed upon.
Thanks again

#8
After court and the Judge agreed with the Mediation report, I recieved a "findings and order after hearing" letter from my stbx's attorney reflecting a few changes than what the Mediation report actually states, such as physical custody for one.  In the letter with it, she states that this was what the mediation report stated and that I need to sign it within 10 days.  
My question is: Once the Judge makes his ruling, do I have to sign anything else? The mediation report had been signed by both parties already. Is this letter just another sleazy attempt by the attorney to make changes that the Judge did not agree to?
Thanks for the imput.

Also on a good note, 10hrs prior to going to court the sleazy attorney sent me an email of declaration stating that they were going to portray me as a predator and danger to my children in court. When we went to court, the Judge saw how low and disgusting they stooped and tossed the declaration and ruled for the Mediation Report. I get my children even more now than before.
Thanks to everyone on this site, if it helped in my case or not, this site has given me more confidence in fighting for what is right- my children.
#9
Father's Issues / Yeah, I won..what next?
Jun 14, 2007, 05:34:02 AM
I just got both joint physical and legal custody of my girls through mediation, (apparently the stbx decided her time with her current boyfriend could not be bothered with children) they see their mother from 8pm till 6:30am Sun, Wed, Thurs, Fri and Sat, she has them one whole day on the weekend. Sad to say they only see their mother 1 hr a night before she tucks them in bed. They are with me or grandmother, during the days or weekend.
My question is, should the stbx realize the mistake she made by signing off on her daughters, what are my rights, how long will it take from when(or if) she files before the courts do a modification, or will they modify it just because her relationship didn't work out. What are my chances that no modification will be made?
I live in CA so when it comes to a mother, in most cases (unless she does what the stbx did), the father gets the joy of paying support and seeing his kids when the mother decides.
Thanks
#10
I am in a situation, my future ex-wife (after being separated for a year) is seeing another man man as we are going through our divorce. My two daughters 3 and 8 have met him and spent time with my wife and him as a couple. My issue is (after a few weeks of seeing him) my wife sneaks him into her home(he has a key to her house now) after the girls go to sleep and he sneaks out just before they wake up, the other night my 3yr old woke up in the middle of the night to find him sitting in the livingroom alone(outside her room, downstairs away from her Mother's) while her mother slept upstairs. I am very upset over this especially because I've met so many women that have told me how at one time in their life someone (stepfather, friend of family) molested them in one form or another (my wife was one). I spoke to an attorney (I live in CA) that was a former Deputy Dist. Attorney about the situation and she said there really is nothing that can be done unless I can prove harm to my children. What is sad is that you have to wait till something terrible happens before something gets done.
I have gone out but have made the effort of doing so without my children knowing or meeting the person I see (even though statistics are very low that a woman would molest a little girl, yet very high for a 28yr old male), let alone sneak her in while they are sleeping.
I've voiced my opinion to the Mother-in-law, she just thinks I'm jealous that her daughter has found someone new, my future ex will not speak to me about it at all.
Do I have any options, other than pray that my daughters are safe?
Thanks