Joint Custody for Medical reasons???

[SamL]

What is the name of your state? GA

I was divorced when my daughter was 4 yrs old and I got full custody of her at that time. She has lived with me until she was 14 1/2 yrs old almost 15 yrs old and then during the last year decided to go live with her mother in Texas. My ex never payed me any child support or sent me any money the whole time my daughter lived with me. I currently don't send my ex any specified monthly child support, I do send my ex wife money to use for my daughter, when she requests it. Prior to the last 9 yrs when my daughter lived with me, my ex didn't visit with my daughter but only a couple of times, she talked to her on the phone probably once a month. Before I let my daughter go live with her mother, My ex has taken me to court 2 times in the last 2 yrs to get more visitation. Both times the judge found my ex wife a unfit mother, due to her lying in court and exaggerating situations. The Judge still allowed her visitation with my daughter in GA and If my daughter wanted to visit with her mother in Texas, she could, which ws find with me, I wasn't trying toi keep my ex away from my daughter, but I remained in full custody.
My daughter then said she wanted to live with her mother for a while and I couldn't talk her out of it. So I gave in. Her mother is re-married now.

I can't get medical coverage for my daughter in Texas. My ex says she needs for me to give her joint custody so she can get medical insurance for my daughter. Is this a true statement from her?

I think I need to file in GA to let her have joint custody not in Texas due to the possibility of her taking me to court in the future, even though she says she has no plans to do so.

Thanks

Any changes to the following to cover myself?? This is what my ex sent me to sign and send back to her.


AFFADAVIT OF ( My name)

REGARDING MODIFICATION TO CUSTODY OF ( My daughters name)

1. As ordered in the Final Decree of Divorce, case number ______, issued by
the Columbia County Courts on _________, 1993, I currently have sole
custody of our daughter, ( My daughters name).

2. ( My daughters name) lived with me from the time of the divorce until May 31, 2004. At that time ( My daughters name) moved to live with her mother, ( My ex's name) , in ______, Texas with my consent.

3. ( My daughters name) would like to continue living with her mother on a permanent basis.

4. I believe that it would be in ( My daughters name) best interests to continue living with her mother on a permanent basis.

5. ( My ex's name) and I have agreed to modify the custody provisions of the divorcedecree as follows:

a. ( My ex's name) and I will share joint custody of ( My daughters name)

b. ( My daughters name) primary residence will be with her mother at:

________________, Texas

c. Should ( My ex's name) move her residence, I will be notified of the new
address, and or phone number.

d. My visitation with ( My daughters name) will be at times and for periods that will be determined by mutual agreement between ( My ex's name) and I.

Signed the _____ day of ___________________, 2005.

_______________________________
my name here

_______________________________
Notary Public, State of Georgia
My Commission expires: __________________

 

[brisgirl825]

Yup, I'm still no good at telepathy. I'm not quite sure what the question is....

 

[SamL]

Yup, I'm still no good at telepathy. I'm not quite sure what the question is....

I may have been editing it during the time you were reading it.

Question is:

Does the Affadavit my ex sent for me to sign in my best interest also, or just hers? Do I need to reword it before I sign it, suggestions on rewording it?

Sorry so long, First part was a little history,

Thanks,

 

[tigger22472]

Did she do this herself? Take this to a lawyer and DO NOT send this back to her. You do NOT want to agree on the visitation thing. You need SET visitation!

 

[SamL]

Did she do this herself? Take this to a lawyer and DO NOT send this back to her. You do NOT want to agree on the visitation thing. You need SET visitation!

She said she did this herself, I wonder. During the past year my daughter came to visit with me for a week during X-mas and is coming to visit during the summer for 2 weeks in July/Aug. She's a teenager and had been a handful for me and now for my ex since she turned 14. She's a teenager and I didn't want to force her to visit during any certain time periods. So far, my daughter has decided on when she wants to visit. I talk to my daughter at least once a week, sometimes more. I have one hell of a good attorney on retainer and have spent a lot of money in court the past 2 years, and always come out on top. The last 1 1/2 yrs I have been out of work due to a reduction in force and am spending time taking care of my father who was diagnosed with Alzheimer's this past year. I have the money to spend on the lawyer fee's If I need to. My lawyer is expensive, I'm trying to handle it without a large expense If I can. If not, I will let my lawyer handle it.

Thanks

 

[tigger22472]

No, I agree she did this on her own.. Court papers do not read that way.

You are allowing your teenage daughter who's already a handful call the shots? Does this actually sound like a smart move on the part of you two?

Unless you get a lawyer you might as well sign it. Is it in your best interest? NO. But if you try to alter it she's not going to go for it and you'll need an attorney anyways so why not have the lawyer alter it?

 

[SamL]

No, I agree she did this on her own.. Court papers do not read that way.

You are allowing your teenage daughter who's already a handful call the shots? Does this actually sound like a smart move on the part of you two?

Unless you get a lawyer you might as well sign it. Is it in your best interest? NO. But if you try to alter it she's not going to go for it and you'll need an attorney anyways so why not have the lawyer alter it?

Do you have any teenagers of your own now? I wouldn't say my daughter is calling all the shots.

Look, I tried to reason with my daughter to not go live with her mother, my daughter had some of her friends call DFACS on me twice the last year she lived with me for child abuse, I was cleared of any wrong doing each time, because I didn't do anything. In DFACS eyes, they have to investigate all accusations. Teenagers know the system nowadays. I could have fought my daughter going to live with her mother for about a year, spent a lot of money with my lawyer and then in the end, she would be allowed to go live with her mother. Since she is 14 years old , she can choose which parent she wants to live with. I figured since she doesn't want to live with me anymore, let her go live with her mother. It was a very, very, very, hard decision for me to let her go live with her mother. I am a single parent. My ex is re-married and has two step children living with her and her new husband. He has custody of both of his children, a 13 yr old girl and 9 yr old boy, they all get along well.

My ex got what she wanted, my daughter, My ex is keeping a tight leash on my daughter. Since my daughter moved in with my ex, she is seeing a therapist and the doctors have has put her on anti-depression medicine. Is this the right thing to do, Medication , I don't know?

I guess your right, I'm going to let my lawyer look at it before I sign it. I was hoping to get some free legal advice on here.

 

[tigger22472]

Do you have any teenagers of your own now? I wouldn't say my daughter is calling all the shots.
**** Yes I do. You said "So far, my daughter has decided on when she wants to visit." that is letting her call the shots.

Look, I tried to reason with my daughter to not go live with her mother, my daughter had some of her friends call DFACS on me twice the last year she lived with me for child abuse, I was cleared of any wrong doing each time, because I didn't do anything. In DFACS eyes, they have to investigate all accusations. Teenagers know the system nowadays. I could have fought my daughter going to live with her mother for about a year, spent a lot of money with my lawyer and then in the end, she would be allowed to go live with her mother.
But you didn't and that means she got what she wanted by bullying you

Since she is 14 years old , she can choose which parent she wants to live with.
If you lived in another state that wouldn' have happened though and I think I still would have pushed the issue as Georgia is the only state that lets the child CHOOSE at 14, let alone any age before 18.

I figured since she doesn't want to live with me anymore, let her go live with her mother. It was a very, very, very, hard decision for me to let her go live with her mother. I am a single parent. My ex is re-married and has two step children living with her and her new husband. He has custody of both of his children, a 13 yr old girl and 9 yr old boy, they all get along well.

And that's great there are more people there but you've already said your ex is having problems with her behavior

My ex got what she wanted, my daughter, My ex is keeping a tight leash on my daughter. Since my daughter moved in with my ex, she is seeing a therapist and the doctors have has put her on anti-depression medicine. Is this the right thing to do, Medication , I don't know?
Is it the right thing to do? I can't tell you as I can only go by what you say. All I can say is that your daughter needed and/or needs something.


I guess your right, I'm going to let my lawyer look at it before I sign it. I was hoping to get some free legal advice on here.

My husband's neice lived with us for a while because her mom couldn't handle her. She would take off for days and not come home, was hanging out with the wrong people ... etc. I wanted to put her in counseling and mom wouldn't consent. She lived with us for 4 months before I sent her back as she was doing the same things here and I was harder on her. She just would leave in the middle of school or whatever. I sent her back because I kept telling her she was putting me at risk of losing my other kids and I couldn't do that. All she really wanted to do was live with a friend of her mom's in Iowa. Well she eventually got her way because her mom let her go after Girl's School and bootcamp(court ordered) didn't work. My children have been told, that's not how it will work here. This child acted up and did what she wanted until she got her way. My house would be mortagaged to the hilt before she would have gotten her way if that was my kid. In your case it does sound like mom is trying but it also sounds like mom is having the same issues that you were at least on some level so the answer might not have been to send her there. The answer might have been to stand your ground and get her the help she needed to get to the root of her problems and maybe this counselor can. If you sign that paper from mom, I'd almost bet my life on the fact you won't have a relationship with your daughter anymore.... or much of one anyways.

 

[Zephyr]

AFFADAVIT OF ( My name)

REGARDING MODIFICATION TO CUSTODY OF ( My daughters name)

1. As ordered in the Final Decree of Divorce, case number ______, issued by
the Columbia County Courts on _________, 1993, I currently have sole
custody of our daughter, ( My daughters name).

2. ( My daughters name) lived with me from the time of the divorce until May 31, 2004. At that time ( My daughters name) moved to live with her mother, ( My ex's name) , in ______, Texas with my consent.

3. ( My daughters name) would like to continue living with her mother on a TEMPORARY basis.

4. I believe that it would be in ( My daughters name) best interests to continue living with her mother on a TEMPORARY basis.

5. ( My ex's name) and I have agreed to modify the custody provisions of the divorcedecree as follows:

a. ( My ex's name) and I will share joint custody of ( My daughters name)

b. ( My daughters name) primary residence will be with her mother at:

________________, Texas FOR ONE YEAR WHEN THE MATTER WILL BE REVIEWED AND MADE PERMANENT OR RETURN TO THE ORIGINAL ARRANGEMENT.

c. Should ( My ex's name) move her residence, I will be notified of the new
address, and or phone number BEFORE THE MOVE OCCURS.

d. My visitation with ( My daughters name) will be
THANKSGIVING BREAK
HALF OF CHRISTMAS BREAK
SPRING BREAK
6 WEEKS DURING SUMMER (30 DAYS NOTICE OF DATES)
FATHERS DAY WEEKEND
AND at OTHER times and periods determined by mutual agreement between ( My ex's name) and I.

Signed the _____ day of ___________________, 2005.

_______________________________
my name here

_______________________________
Notary Public, State of Georgia
My Commission expires: __________________

 

[Zephyr]

something more like the above protects your rights, but this is your child you should concult your attorney before signing ANYTHING.

and you not wanting to force your daughter to visit is nice but you do want to have your time with her protected should it become an issue, you don't have to take these visits, but you can't be refused them either

 

[tigger22472]

Actually it should be more like this


Modification of Custody


Petitioner(mother) now requests that a modification of custody of the minor child (child's name) be reviewed.

1. 1. As ordered in the Final Decree of Divorce, case number ______, issued by the Columbia County Courts on _________, 1993, Respondant(father) was granted sole custody of minor chld.

2. Minor child lived with Respondant from the time of the divorce until May 31, 2004. At that time said minor child moved to live with Petitioner, in ______, Texas with Respondants consent.


3. Petitioner and Respondant have agreed to modify the custody provisions of the divorce decree as follows:

a. Parties shall share joint physical and legal custody of said minor child.


b. Petitioner shall retain primary phyical custody

c. Parties shall inform each other of all address and phone number changes.

d. Respondant shall have visitation with minor child during the following times:
Thanksgiving from 6PM Wednesday to 6PM Sunday
One week of Christmas break to be decided among parties
Spring Break in the year 2006 and on all even years
Father's Day weekend from 6PM Friday to 6PM Sunday
Six weeks of visitation during summer to be at the Respondants convenience with notice given to Petitioner of requested times by May 1st of each year.

e. Respondant shall request additional visitation and shall be granted those times per mutual agreement with Petitioner if at all possible.

Signed the _____ day of ___________________, 2005.

_______________________________
my name here

_______________________________
Notary Public, State of Georgia
My Commission expires: __________________


I left out all TEMPORARY discussion. Unless this is filed with the court it means nothing anyways. Why pay for the filings of a temporary issue that is to be redone in a year? Either the two of you agree in one year or you don't. If you do, then it's already in writing, if you don't then either way it's going back to court. Why pay to go back to court to pay for something you already have done? Depending on how GA (or wherever the orginal decree is) the words Petitioner and Respondant might need to be changed... this does NOT mean not to seek attorney advice as I just went with what you had there... there is more to add I"m sure.

 

[SamL]

something more like the above protects your rights, but this is your child you should concult your attorney before signing ANYTHING.

and you not wanting to force your daughter to visit is nice but you do want to have your time with her protected should it become an issue, you don't have to take these visits, but you can't be refused them either

I agree with the visitation being written out, whether I excercise my right or not. . As you can see in my ex wife's affidavit, she is trying to say I'm a bad parent and my daughter really, really needs to live with her. That's what I get from the way she stated it.

( My daughters name) would like to continue living with her mother on a permanent basis. ( temporary is better)

I believe that it would be in ( My daughters name) best interests to continue living with her mother on a permanent basis.
(I can't believe she said this, I'm not stupid)

I'm going to make a appt with my lawyer. I don't want to fight with my
ex- wife, but who does she think she is trying to make me look bad in the affidavit?? It needs some rewording like you guys mentioned.

The original decree was done in GA. My ex took me back to court twice in the last two years and it was in GA court where I live. I'm not letting her file in Texas, I will file it in GA, just in case she stirs things up.