Messages

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?

>Can anyone tell me if my STBX of 11years has rights to my
>retirement, 401, and inheritance from my grandparents?

I live in CA, in the last year and a half since my STBX and I separated (not through the courts) I have lost 3 grandparents that have left me some money, not a large amount but some.  In my divorce papers there is a request for me to account for all assets and states that I may have misappropriated funds( I haven't, and have no problem proving so).  
Does anyone know what codes I might be looking into and reading up on, if she can do it I think I should too.  I know she has accumulated a decent retirement as well.  Also, if it is required of me to show proof of all monies, do I have to file a special request for her to do the same or will that automatically be expected (I can't see that anything could be expected).
Thank you all

Can anyone tell me if my STBX of 11years has rights to my retirement, 401, and inheritance from my grandparents?

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.  

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?

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?

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.

Thanks for the responses..
I've done more research and just to let you know, in the state of California, after the court and Judge has made a decision, a Findings and Order after Hearing can be sent to the court after being served to opposing party.  Under California rules of Court 3.1312(a), a response is to be made if you oppose it, if there is no response the court takes it as an agreed upon document.  So what ever the Judge agrees to in court, can be modified and manipulated by any attorney, and if the other person does not read and dispute it within the specified time, you will lose what you thought you had.  Luckily I responded before the time was up. Now I have to make sure the Judge gets a copy as well.
Great law in CA, removes Judges authorization to make actual decisions.

>What are the details on the 'set forth below' part?  If
>that's what you agreed to in mediation, it doesn't make any
>difference what the opposing atty. calls it.  But I would not
>sign the letter, only the order to be signed by the judge.
>Don't know what that atty. is trying to pull but your only
>concern is that the mediated agreement gets to the judge in
>the SAME form that you agreed on in mediation.

The "set forth below" states the times the children are with me, which is what was agreed upon in Mediation and reflects accurately on the actual report.
Thank you

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