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gaems143

Member
What is the name of your state? Georgia
My husband, NCP, is serving the ex,CP, with modifications papers tomorrow. Listed is what is currently in the papers to change. Is there anything that should be listed that is not. He wants to get everything right the first time.

1. Full legal custody with primary physical custodial privileges
Option 2:joint legal with designation a primary physical custodian with expanded visitation

2. Temporary and permanent child support from defendant and full legal and
physical custody of minor children

3. Child support obligation cease

4. For him to carry insuranc and uninsured costs to be split 50/50.

5. For him to claim income taxes for this year and every year thereafter

6. Any relief the courts may consider appropriate.
 


LdiJ

Senior Member
gaems143 said:
What is the name of your state? Georgia
My husband, NCP, is serving the ex,CP, with modifications papers tomorrow. Listed is what is currently in the papers to change. Is there anything that should be listed that is not. He wants to get everything right the first time.

1. Full legal custody with primary physical custodial privileges
Option 2:joint legal with designation a primary physical custodian with expanded visitation

2. Temporary and permanent child support from defendant and full legal and
physical custody of minor children

3. Child support obligation cease

4. For him to carry insuranc and uninsured costs to be split 50/50.

5. For him to claim income taxes for this year and every year thereafter

6. Any relief the courts may consider appropriate.
I hope that he has hired an attorney to handle the case....because that is way too ambitious to take on without one. He is also asking for some things that may not be possible to obtain.
 

LdiJ

Senior Member
gaems143 said:
Yes, he had obtained a lawyer. The lawyer says it is best to go big and then settle lower if we have to.
That's a common philosophy.....but also realize that it will mean instant and serious hostility from mom....and is also likely to make your legal fees MUCH higher....because it will be a much more hotly contested battle.

My personal philosophy is to ask for a little more than what you could reasonably hope for a judge to order (under the specific circumstances of your case) and then settle for what you could reasonably hope for a judge to order.

I will pick a couple of things to give examples about....

Unless mom doesn't file a tax return (lack of income) then I would never ask for the tax exemption every year....because there is almost no chance that a judge would order that.

Unless I was certain that I could prove mom legally unfit (hard, cold evidence)...I would never attempt to ask for sole legal custody....because there is almost no chance that a judge would order that.
 

gaems143

Member
She married a convicted felon who was charged with Cruelty to Children. Her father is in law enforcement and a gang is trying to kill him and has issued a "hit" on him and his family (per FBI). The children live 100 yards from his house. The ex has done nothing to keep the kids safe(e.g. move them) and no she doesn't work. We were told that she could claim the kids though because the new husband works.
 

LdiJ

Senior Member
gaems143 said:
She married a convicted felon who was charged with Cruelty to Children. Her father is in law enforcement and a gang is trying to kill him and has issued a "hit" on him and his family (per FBI). The children live 100 yards from his house. The ex has done nothing to keep the kids safe(e.g. move them) and no she doesn't work. We were told that she could claim the kids though because the new husband works.
Well...I can certainly see why dad wants primary custody....and why he is going out with "guns blazing".

However, I still think that you are putting enough in there that your husband is going to end up with a more hotly contested battle (therefore more expensive) than may be necessary.

I also would have approached it differently myself. I would have started out by asking for emergency, temporary custody based on the fact that the children's lives were in danger....got that issue dealt with, and then filed for the rest.
 

gaems143

Member
Our lawyer couldn't verify the "hit" info. with the DA(they are friends with her father). All he could do was "allude" to the fact, so emergency temp. custody was out. As for the convict, he can be around other children, just not his own.

The convict's house (where the kids live also) was searched and guns were found. He was never arrested due to the fact that her father is law enforcement and the situation was "hush, hush". There were 7 guns found. This is why the push. Everything is being done away with because of her father's "connections".
 

LdiJ

Senior Member
gaems143 said:
Our lawyer couldn't verify the "hit" info. with the DA(they are friends with her father). All he could do was "allude" to the fact, so emergency temp. custody was out. As for the convict, he can be around other children, just not his own.

The convict's house (where the kids live also) was searched and guns were found. He was never arrested due to the fact that her father is law enforcement and the situation was "hush, hush". There were 7 guns found. This is why the push. Everything is being done away with because of her father's "connections".
I do understand your dilemnas....I wish you the best of luck....but I do hope you have some signficant bucks to spend on this.
 

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