Something interesting has been brought to my attention since entering this twisted legal system. It cannot be denied that a male, standing before a judge attempting to get custody of his children, is immediately at a disadvantage. Could this be considered a violation of our basic Civil Right to equal protection under the law?
I mean if ANY legal decision was based solely on the litigant being a woman, a minority, disabled, or homosexual, the ACLU would be up in arms, and it would be the top story on CNN.
Is there way to force the courts to recognize that we are entitled to fair treatment? Perhaps one of those ridiculous lawsuits (such as suing McDonalds for the coffee being hot) would bring our cause to the front?
I would be willing to spearhead such a drive, if there was any interest. My Email is listed on my profile, drop me a line. There is strength in numbers, we shall overcome!
In most states, unless you agree to pay more, you are responsible for only 6 years of back support, I believe. Look this up. If this is true, don’t sign anything. It would be in the laws of the state where your ex lives.(family law) Also, if she was on welfare at anytime that you were paying her support, she would be in trouble for not reporting it to the state.
As a rule they have to collect from you not her. If she was collecting from you, she wasn’t reporting it. You should be able to get the number of the fraud unit on the state human services page. In my state, they only keep welfare records three years, unless fraud is suspected. If you call they will ask you questions about whether she is cohabitating, what kind of car does she drive, is she living with anyone, where do they work, things like that.
I know that what you are going through is one of the hardest things you will ever face I know as I have been there. Thank God I had her mother and Father who backed me all the way and still do. If you do have her parents backing try to have her committed for a substance abuse evaluation.
This will help a lot. Use the Department of Human Services I know they are slow but if you can prove to them whats happening they can be a tremendous help.
My “soon-to-be-ex” has drug dealers living in the house (Not a bitter ex-husband, I have spoken to the police about these people), my son can describe her drug paraphernalia, in detail, and she has hit my daughter in the face so hard, her nose bled. My kids also ALWAYS have head lice when they I pick them up.
It has almost become a ritual: Daddy picks them up, we drive to the store and buy the treatment, we spend two hours treating and combing out nits. Yet the judge feels she is the best parent. I asked MY lawyer about it, he stated that because I had the children taken out of the state, she was given custody. I only had them taken out of state after she threatened, in front of a police officer, to kill me, and my mother. The officer suggested that she have them during the week, and I have them on the weekend. She replied, “If i get them back, he will never see them again.”
When they WERE taken out of state, it was to a Denver CO, where they spent a week rock climbing and playing with my brother, then for 2 weeks to Philadelphia, where they visited, for the first time, their dying great grandmother, and also saw the Liberty Bell, and Independence Hall, as well as a trip to the ocean, which they had never seen. We are men in the ONLY time in history that it is bad to be a man!!!
I am currently in the midst of a vicious divorce. My wife was unfaithful (lets leave it at that), I attempted marriage counseling, she refused to stop seeing her boyfriend. I filed for a no fault divorce. At the time, she had possesion of the children, and I was stopping by to see them or talking to them by phone everyday. I visited them when she allowed, a situation which she used to her advantage, denying me visitation when she felt like it. When i told her I was filing for divorce, she attempted to kill herself. Her mother took the children to the Emergency room at 2 in the morning.
Sorry, I have three children, a 9 year old girl, and 8 year old boy, and a 3 year old boy. I took possession of them in the ER and they stayed with me for three days. Her mother requested that she have a visitation, so I said okay and dropped them off for one. When i returned to pick them up, she refused to give them to me, and had the police barr me from the property. She has been diagnosed with bipolar disorder, and has all manner of people living in the house, including underage delinquents and drug dealers. I picked up the children one day to take them for ice cream, and 10 minutes after leaving with them, the police were at my door, stating that she told them I had kidnapped the children.
We went to the police station, on the way, she attempted to ram my car with hers, and while INSIDE the police station, she threatened to kill me, in front of the officer. She was arrested, charged with Domestic Violence, Threats, and I was told to take my children home. I was scared enough that I told my mother, who was visiting from out of state, to take the children on a small vacation for a few weeks, until either we went to court, or the children had to go to school. I was in contact by telephone EVERYDAY they were away. Their mother NEVER made any attempt to speak to or contact them or me for three weeks. I testified to all of this during the Temporary Orders hearing, in front of a female judge (I know the deck was stacked against me).
My ex was given our house, with all contents, the new car, possession of the children, $660 in child support, and 400 in Spousal support.
Now, my problem. I picked up my children for my bi weekly visitation on Friday. My 8 year old son was in the back seat talking to his sister about “Mommy and her drugs”. When we got to my house, I sat him down and questioned him about this. He proceeded to describe Mommy’s water pipe, and the smell, “You know, that pot smell…” He stated that he has seen the paraphernalia, and even a, “…little box, with some brown stuff in it, Mommy keeps it in the car…” I was so upset, I almost cried. Okay, I DID cry.
I called Child Protective Services and made a report. My question is, has anyone else had any similar experiences with the Family Court in Texas? Is there ANYTHING I can do? It has been suggested that I hire a Private Investigator, but my funds are limited, as she is getting half my paycheck. I would appreciate any help you could offer.
I have had five lawyers on mine. One said, “Just Pay!” In my case, a toughie between three states, most were not sufficiently up with interstate matters.
I personally did most of the legwork doing hours of driving and ferrying between jurisdictions.
I got a notebook with those clear plastic thingies that you slip paper into and put every paper (motion affidavits etc.) by state into it. I pored over each states law, Federal Title 28 and UIFSA. I printed up all pertinent laws for reference and while waiting the many hours in court, shared some of the laws with other combatants. Another important things to consider is looking at the courts civil rules of procedure.
I used to think that all lawyers were intelligent, and now I know there are stellar lawyers and goofs. It is a mixed bag. Make sure you are organized and know as much as possible so you can stick up for yourself. I spent hours and hours falling asleep on the computer keyboard reading and plenty of time at the library. It is a must…
I’am an airline mechanic for a major airline facing possible layoff.I would like to know if I do get layed off income loss what can I do to adjust child support payment.
I’m sure there are many fathers in the same boat as I’m do I have to hire an attorney and go back through the court system I am living in Arizona.
Thanks for any help you can offer,
Your local family court is fine provided the other party lives in the same state and district, otherwise you have to go where the original stipulation was made, or the family court where the child/children are.
The families of many of the dead fathers will be hit with a second set of grief. The men killed in Tuesday’s tragedy, who owe child support, are still required to make those payments. Their families will be receiving child enforcement papers, some time in the future, informing them to show cause why their assets should not be seized to pay the obligation.
We had a case in Missouri where two years after the death of her son, a mother was still getting served with papers demanding to know how she was supporting the man’s two older children from his first deceased wife. Any money that she was getting as a result of his death was to be paid directly, and only, to his ex-wife to cover unpaid child support since his death as a result of a fire.
I’m now waiting for the first calls from second wives or parents, who have been informed that a child support order must still be obeyed, regardless of the fact that the father of the children is dead.
When deciding whom the children should live with, what does the court system look at? Currently, my ex has custody of our 2 daughters (4 & 6). I would love to have custody of them. Here are some of the things I thought they might take into consideration.
Both her and I have stable residence, but as far as schools, mine was rated top in area, hers one of the last (in academics).
As far as stable environment, her step-father molested her (I had to take her to court to stop her from leaving our daughters with her parents over night) and her mother baby-sits for her for 3-4 hours everyday til she get home from work. I am self-employed (commercial electrician) and am able to set my own schedule and my mother lives 15 minutes from my house and the school
She is currently pregnant with her latest boyfriends baby.
I filed contempt of court paper work last week on her. She denied me visiation for a month.
I have never been late paying support, missed a visit, missed calling my girls once a week, or even a parent-teacher conference or school program.
This is the ones I could think of. Do they talk to my daughters (the magistrate)? How much weight does their wants carry? They cry when I take them home or call, wanting to stay or for me to pick them up now.
I am getting ready to take them to a psychologist (children) and have them talked to for sign of abuse or anything. If anyone knows of anything else that might be looked at, please let me know. My lawyer doesn’t even want to talk about it, he keeps saying “just wait a couple of years”. I can’t. I have to at least try.
I have question. Can I subpoena my wifes employment records per se?
I am represented by a top notch attorney (father’s right’s advocate lawyer) but he has failed thus far to realize the pertinence of my wife’s employment records (incidentally, the records are in Utah, and both my wife and myself now live in California) Her work records are deplorable and an asimile of her approach towards life itself.
She was fired from three consecutive jobs in UT. She is not working in CA at this time and hasn’t since moving here last July. She was stripped of her welfare in CA, under section 8, as it was discovered that in fact she had a ‘bread winner’ felon boyfriend taking care of the household. Now, after pursuing child care receipt forgeries in Utah, the State Attorney General in Utah has decided that she owes the State of Utah $3,360.30. (no threat of prosecution that I know of, though the forgeries were blatant, and a notarized document from the woman whose name was forged was lodged with the Utah State Attorney General’s office) What my question boils down to…Is it possible to have her work records subpoenaed on my own?…
This is an extremely complicated case that was first lodged with the court in Utah in June, 4 children, ages 2 to 12. I have been alienated from seeing them for almost 18 months, with no custody determined as of yet. The UT case was finally dismissed in May, and the venue is now in San Bernadino, CA. My BIG court day in San Bernadino is Nov 2, when we get two hours to cross-examine, and produce documents. I could go on forever as this case has many nuances that I feel to be pertinent. I know I have to trust my high priced attorney. My wife has a legal aid attorney. Very frustrated in San Diego.