• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Custody Question!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

4

4children

Member
Update and a ?

:confused:
Hope I'm doing this right. And, below is a little background.

Ex and I went to mediation last Monday. Ex withdrew his Motion for Full Custody, because he's going back on third shift. Mediator sent it back to the Court.
Judge is furious with Dad and also myself. (He stated that, it hasn't been 6 months since the last order and he wanted us to agree on something.) Don't get me wrong, I do understand where he's coming from about the six month window. What I didn't agree with him about, is that I should go along with Dad's program. Well, I've gone along with Dad's program for 8 years now, and I'm tired.

Dad tells the Judge, he's going back to third shift in about three weeks. So obvious, Judge will not change the Custody at this point. Then, Dad tell the Judge he will be going back to first shift in March or April. We have a Court date in February. So the Judge tells Dad that he want to see him back on third shift when we return.

My question is- I (Mom) also petition for:

Full Custody (Dad not spending much physical time with kids since last order)

That I (Mom) carry 1 child on Taxes and Dad carry 1 child

And findings of Dad getting credit for a child that I feel may not be his child.

The Judge didn't even address my Motions: And they were on the docket for the same date. Is this normal? When I asked about my motions, the Judge act like he didn't know what I was talking about. I don't know what to do. Should I just petition the Court right away with my Motions again? Or should I give it more time, since we were in Court just yesterday!!

Thanks in advance,








4children said:
What is the name of your state (only U.S. law)? Virginia

My Ex and I share Joint legal and Physical Custody of our Kids. (This maybe helpful). We just went to court in July. When we were in Court. Ex, was working third shift. Then first shift. Then back to third shift. I, was working with him, as fair as his visitation with the kids. Then, he started working second shift. (All these different shifts are the same job).
My (MOM) visitation, is-Sunday thru Thursday, 6:00 pm to 8:00 am and every other weekend.
Dad- MTWTF at 8:00 am, and every other weekend.

Dad has been back on second shift for about a month now. When, he notified me that he was going on second shift, I knew this would cause a problem. (Visitation for kids). Dad wants to pick the kids up at 11:30 pm. I disagree with that. I told dad no. That I felt it wasn't in the best interest of the kids. One, of the kids are already having problems in school from Meds that make her sleepy. It was bad at the beginning of the school year. The teacher had a hard time keeping her awake. In, the last few weeks it's gotten somewhat better. With, me not agreeing with Dad, he as usual Petition for Full Custody. Or, for him to pick the kids up at 11:30 pm. That Mother will not work with him on visitation. And, we have a Court date for next month.

I know every custody hearing is different. But, my question is- Am, I being unreasonable to agree with that time of night? And, is it possible for a Judge to grant Dad 11:30 pm visitation of school age kids? Or, even Full custody? And, dad hasn't paid his CS in three months.

I appreciate any help.
Click to expand...
 
Last edited:


LdiJ

LdiJ

Senior Member
4children said:
:confused:
Hope I'm doing this right. And, below is a little background.

Ex and I went to mediation last Monday. Ex withdrew his Motion for Full Custody, because he's going back on third shift. Mediator sent it back to the Court.
Judge is furious with Dad and also myself. (He stated that, it hasn't been 6 months since the last order and he wanted us to agree on something.) Don't get me wrong, I do understand where he's coming from about the six month window. What I didn't agree with him about, is that I should go along with Dad's program. Well, I've gone along with Dad's program for 8 years now, and I'm tired.

Dad tells the Judge, he's going back to third shift in about three weeks. So obvious, Judge will not change the Custody at this point. Then, Dad tell the Judge he will be going back to first shift in March or April. We have a Court date in February. So the Judge tells Dad that he want to see him back on third shift when we return.

My question is- I (Mom) also petition for:

Full Custody (Dad not spending much physical time with kids since last order)

That I (Mom) carry 1 child on Taxes and Dad carry 1 child

And findings of Dad getting credit for a child that I feel may not be his child.

The Judge didn't even address my Motions: And they were on the docket for the same date. Is this normal? When I asked about my motions, the Judge act like he didn't know what I was talking about. I don't know what to do. Should I just petition the Court right away with my Motions again? Or should I give it more time, since we were in Court just yesterday!!

Thanks in advance,
Click to expand...
Re-file your motions and specifically ask, in your paperwork, that they be heard at the February hearing that you have coming up.
 
M

my life is mine

Member
VA rarely does a full custody to one or another parent unless abuse to a child has been proven.

You can file for Primary physical custody and joint legal custody.

Legal custody can be broken down if there are particular issues that have been difficult to deal with, such as education, medical.

These issues can be listed indivually, such as Mom/or Dadhave full decision making on education decisions. He/she will inform other parent of their decision within 24 hours of decision.
 
M

my life is mine

Member
Taxes most Judges will allow each parent to have a child if there are 2 or more children, if only 1 child then they normally split it to Dad even year, Mom odd years, or vice versa.
 
M

my life is mine

Member
I have had the issues about certain motions not being heard, so the next time I bullet pointed each motion and kept them short and sweet.

Are you doing this pro se?
 
4

4children

Member
my life is mine said:
VA rarely does a full custody to one or another parent unless abuse to a child has been proven.

You can file for Primary physical custody and joint legal custody.

Legal custody can be broken down if there are particular issues that have been difficult to deal with, such as education, medical.

These issues can be listed indivually, such as Mom/or Dadhave full decision making on education decisions. He/she will inform other parent of their decision within 24 hours of decision.
Click to expand...
Thanks my life is mine,

Right now CPS is investigating dad, for refusing to pick one of the kids up from school on his time. (Child didn't get on the school bus). The case worker did question the child. But, it's been a problem getting up with Dad. Dad will properly worm his way out of that one also.

Dad and I already have Joint legal Physical custody. I was just telling a friend today, that with Dad and I having Joint Custody. I felt it was going to be hard for one or the other to get Full Custody. I can't afford a Lawyer as most of us can't at this time with this issue. But, I'm going to try harder too get the money from somewhere to retain one (A Lawyer). Dad works the system to his benefit.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top