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Home > Law > Family Law   »   mother is powerless

 
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Old Aug 18, 2008, 10:31 PM
MadMomwow
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mother is powerless

Hello everyone, does anyone know about non-custodial parental rights? My ex has our son during school and for the past two years he has failed!!! At the rate he is going he will 20 when he graduates!!!! I dont work and I can devote alot of time to him. His Dad does not seem concerned at all.He is hard to get along with. HELP!!!!

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Old Aug 19, 2008, 11:45 AM   #2  
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what about going for partial custody (shared parenting i believe its called) that means you both have a say in whats going on in school, (like what school and even after school sports), where he lives even religious up brining do you mean the whole school yr your ex gets your child or you get him on te weekends?
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Old Aug 19, 2008, 03:06 PM   #3  
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The non custodial parent has what ever rights the custody agreement gives them,

One has to go back to the issue of why the father has custody in the first place, and is there reasons why the mother does not have custody.

But the mother can go back to court and try and get the custody agreement and arrangements changed,
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Old Aug 19, 2008, 03:21 PM   #4  
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Quote:
Originally Posted by Fr_Chuck
The non custodial parent has what ever rights the custody agreement gives them,

One has to go back to the issue of why the father has custody in the first place, and is there reasons why the mother does not have custody.

But the mother can go back to court and try and get the custody agreement and arrangements changed,
I agree with this,
I dont think it would be good to ask for full parenting but partial to have a say in whats going on in the childs life, shouldnt hurt any involved. Courts would also have more information on hand then what were given to work with as well.
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Old Aug 19, 2008, 03:57 PM   #5  
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IF you go back to court, you can bring up the fact that he has failed, but the judge will probably make you recognize that you have no proof that things would be any different if the child was with you. If there is something you can prove that the father is or isn't doing that is causing or contributing greatly to the child failing, then that might hold more weight. That isn't to say that the judge wouldn't give you a chance to prove the child can make better grades with you. Like Chuck said, it all comes back to why you're not the custodial parent. It is up to the judge to decide if there is a good enough reason to believe that granting you custody would benefit the child, and if the reason you aren't the custodial parent right now is insignificant enough to overlook. (This all assuming the father wont agree to letting the child live with you during the school year, which would make things easier, but is unlikely)

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JudyKayTee agrees: Excellent - there would need to be proof that the grades are a result of the father's poor parenting - and that's a heavy burden of proof, almost impossible.
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Old Aug 19, 2008, 05:30 PM   #6  
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Quote:
Originally Posted by itsjessica1984
im not saying full parenting or sole custody im saying partial so she has a decison to make in helping to raise her child as well, if she has no rights right now she could mention to her ex exta tuturing but if she had partial custody they could both pay half of it
of course the courts are going to take everything else into consideration but all we know so far is she dosnt not have custody and shes concerned for her child education how about stick with that and give ideas to that problem not opening up a whole can of worms


You are unnecessarily confrontational - in fact, this WAS good advice and to the point.

There is a reason why OP does not have custody and no one knows that but the OP. It's a good question. You may not like the answer but it is legally correct in the US.

Please don't instruct people who have been "here" for a while, have given very good advice now and in the past, on how to answer posts. This is not a message board.
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Old Aug 19, 2008, 05:58 PM   #7  
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It's true that trying to prove his grades would be better is a HUGE problem. You can try to convince the judge that he would be better there but unless the father is seriously contributing to his downfall in school it will be an up hill battle that will be more like a mountain. Have you tried to talk to his father about some extra tutoring? I'm sure if you would be willing to pay at least half the bill he would be more willing to think about it.

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JudyKayTee agrees: The secret to success may also be not being confrontational, sort of "you know, I think it might be best for Charlie if we found a tutor for him," that sort of approach.
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Old Aug 19, 2008, 06:21 PM   #8  
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Quote:
Originally Posted by JudyKayTee
You are unnecessarily confrontational - in fact, this WAS good advice and to the point.

There is a reason why OP does not have custody and no one knows that but the OP. It's a good question. You may not like the answer but it is legally correct in the US.

Please don't instruct people who have been "here" for a while, have given very good advice now and in the past, on how to answer posts. This is not a message board.
i still thinking giving ea to a problem is better then saying because you dont got custody you dont deserve to hav say in your childs life (i know thats not what was said but it is hows its read) i tried giving an idea to go for partial custody and everybody since is quoting me and now your telling me not to instruct people on how to answer a post but i been getting the exact same thing
i know i dont know the whole situation but with what i understand of the law system i dont see how applying for partial parenting rights would be wrong
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Old Aug 19, 2008, 06:26 PM   #9  
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Quote:
Originally Posted by itsjessica1984
i still thinking giving ea to a problem is better then saying because you dont got custody you dont deserve to hav say in your childs life (i know thats not what was said but it is hows its read) i tried giving an idea to go for partial custody and everybody since is quoting me and now your telling me not to instruct people on how to answer a post but i been getting the exact same thing
i know i dont know the whole situation but with what i understand of the law system i dont see how applying for partial parenting rights would be wrong


This is not a message board. No one can control what anyone else quotes except the person doing the quoting. I can only control what I post.

I do not read (and I quote) that anyone said, "because you don't got custody you don't deserve to hav say in your childs life." That's you reading something into posts that is not there.

Again - this is not about feelings. This is about the law. Please stick to that topic or I will request that this thread be closed.

Everything worth saying has probably already been said unless someone has some new LEGAL ideas.
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Old Aug 19, 2008, 06:27 PM   #10  
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if you have alot of time to give him why dont u sit down with him after school and go over his work with him and help him out or at least a few days a week this would help him lots
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