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Messages - DadsCrushed

Custody Issues / Re: Custody after suicide attemp
Jan 23, 2014, 04:14:20 AM
I hope you get the counseling you need and get better. Your actions need to be a demonstrable threat to the best interests of the children. For example, courts have overturned orders where the lower court stated that the PARENTS homosexuality, religious affiliation, mental health and/or financial status was not in the best interest of the children. Your actions need to be negative on the children. If you get the help you need the argument is that your children will be fine. The court may order you during this time to continue treatment and then upon successfully completing your treatment you can file a motion for modification or termination of supervised visits.

Right now focus on you not your kids. I know this is a hard pill to swallow but remember this along the lines of when you fly and the stewardess states in case of an emergency adults should place the oxygen mask on themselves before taking care of the children's oxygen mask. Same applies here. You cannot care for your child if you cannot take care of yourself.

Best of luck.
General Issues / Re: Man gaining full custody...
Jan 10, 2014, 05:29:50 AM
Your spouse is entitled to a percentage of your TSP from the time you were married to the divorce order. Prior to marriage is not a marital asset
There was a recent court case out of the COSA where the mother and father still resided in the home. Negative credit will not negatively affect you. MD uses a formula when calculating support and applies that whether shared or sole. You can go to the circuit court library and locate the software that calculates support
Visitation Issues / Re: Travel and Visitation
Jan 10, 2014, 04:51:23 AM
A change in residence from the original order can be cause for a motion for modification for a new drop off.
The mother's attorney letter is a piece of paper and you do not have to accept the terms and conditions of the attorney. If you receive a court order that is something different. Document attempts to see the child because the attorney will use the status quo argument against you that you are not in the child's live and tender year doctrine. Yes, it exists for young child such as this which is a few months old.
You and your attorney cannot unilaterally decide to preclude visitatio because he failed to take the class. You have rules for that and that would be to file a petition for contempt. Actually, you act may be contemtuous.
What rights did you lose: physical and/or legal? Did the order provide for a progressive schedule for possible reunification? There are ways to file a motion for modification and this website provides some great information.
I don't know why your time is limited if the divorce is not finalized. Is there an Order identifying limitations?

If not, spend time with your children; otherwise, the Court may apply "status quo" and award custody to the mother due to the fact that she spends most of the time with the children.

In order to win, you will need to prove that the best interests of the children are served with you. I'm certain there are custody factors to consider when awarding custody. Review them and make sure you satisfy each one and argue how the mother does not.

Why do you want a Custody Evaluator? Sounds like another layer of BS; been there done that. The disadvantages to both is bias, another mind to persuade, costs, etc.

I would prepare by reading everythig you can get your hands on. This is a very good website but read some of the WA decisions on custody. They will familiarize you with the Rules and Code, as well as the langauge.

Good luck
I would file a Motion for Modification. Being poor does not terminate parental rights. Is there more here? If you can get the mother for contemptuous behavior that can start the ball rolling on changed circumstances.
Custody Issues / Re: Ex Parte
Feb 11, 2013, 05:07:27 AM
Good luck with this. Most emergency motions require imminent physical danger of a child not emotional or mental abuse. I know this is the standard in Maryland.