To newbies.

[stealth2]

Would you people PLEASE read the posting guidelines?

Posting a question in the forum? Your question may have already been answered. Please first check our home page links to full sections of professionally answered questions. Then search the forums archive of over 600,000 previously posted Q & A s. Questions about U.S. law ONLY. Please Include your state, be civil, brief, and to the point, and use lower case letters.

In the space of 10 minutes, I've answered two posts about whether people have to send their kids on visitation if they don't want to go. SEARCH THE BOARD BEFORE YOU ASK! That's a question that's been answered a gazillion times!

 

[gryndor]

That's a question that's been answered a gazillion times!

Really Stealth, A gazillion?

 

[Touché]

That's a question that's been answered a gazillion times!

Jeeze Stealth I thought it was only 10 billion.

 

[nextwife]

Rough start to the workweek, Stealthie?

 

[stealth2]

Rough start to the workweek, Stealthie?

LOL Nope - just fed up with answering the same question every few minutes when people could actually find the freakin' answer themselves! I don't even spoonfeed my kids like this!

 

[Whyte Noise]

Let's see if we can nip a few in the bud right now...


1.) The age for any child to choose which parent that they want to live with, in ANY state (except for Georgia) is 18. PERIOD.

2.) NO, you can not deny visitation if you have a court order granting it. NO MATTER WHAT REASONS YOU WANT TO LIST. You have to have the court order modified to change visitation. Until you do, the child goes. This is the law in every state.

3.) NO. You can not refuse to pay child support because your ex is denying you visitation.

4.) NO. You can not stop your ex from taking the child out of state on a short vacation. It's not illegal.

5.) NO. As a step-parent you have no rights whatsoever as far as your stepchildren are concerned.

6.) NO. A step-parent's income CAN NOT BE USED TO CALCULATE CHILD SUPPORT. So, if your ex lives in a mansion because his wife is rich, you can't get any of her money. The only exception to this is if your ex is willfully not working to avoid child support. Then, the new spouses income "may" be used.

7.) Speaking of child support... PAY IT if you're under a court order to!!!

8.) Speaking of child support again... if the NCP doesn't pay it, TAKE THEM TO COURT.

9.) In order to change custody/visitation/child support, YOU HAVE TO TAKE IT BACK TO COURT.

10.) A notarized document IS NOT A LEGAL DOCUMENT AND ISN'T WORTH THE PAPER IT'S WRITTEN ON.

11.) Your ex being a druggie/alcoholic/carnival clown etc. in and of itself is NOT a reason to deny visitation. You have to PROVE all this in a courtroom and have a judge order that the child doesn't have to go for visitation. This is, of course, if you already have a court order for visitation.

Anyone else can chime in at anytime....

 

[tigger22472]

You forgot..mostly about TPR's

1. You can not just reliquish your rights to your child...

2. In MOST states a step-parent (usually married for a year or more) must adopt a child before a TPR can be done. Not a grandparent, not a friend, not a finance', not a b/f or g/f... but a step-parent.

3. Most states require no less then 6 months(most are one year) no contact, no support before they will even consider a TPR. (That means if you haven't seen or heard from bio in 2 months that isn't grounds to TPR and it means even if you don't see them but you receive support... it's still not grounds)

4. Until you or your ex spouse changes jurisdiction the court that ordered the court order retains jurisdiction. As long as on one the parent remain in that jurisdiction the likelyhood of it being changed is slim. If neither parent lives in the jurisdiction it most of the time follows the children(although I have heard of cases where it follows the NCP). If neither parent lives in the original jurisdiction a court can require you change jurisdiction.

 

[stealth2]

Sing it, girls!

 

[Lizzy77]

Hey Stealth here is another option....you could just quit answering the same questions over and over, just a thought

 

[tigger22472]

Now just to get Mary to put a sticky on this so it stays on top...LOL

edit.. and Oh yeah how could we forget...

1. If you ask a question and you don't like the answer quit posting it over and over. This site isn't about telling you what you want to hear and you'll get the same answer over and over.

2. Keep all your questions on a subject together in one thread and give the vital info briefly

 

[stealth2]

Now just to get Mary to put a sticky on this so it stays on top...LOL

That would help bunches!

And Lizzy - you don't have to read my psots, either, sweets.

 

[LdiJ]

Let's see if we can nip a few in the bud right now...


1.) The age for any child to choose which parent that they want to live with, in ANY state (except for Georgia) is 18. PERIOD.

However the judge will give their wishes some serious consideration at about 12-13.

2.) NO, you can not deny visitation if you have a court order granting it. NO MATTER WHAT REASONS YOU WANT TO LIST. You have to have the court order modified to change visitation. Until you do, the child goes. This is the law in every state.

Unless CPS directly tells you to deny or supervise visitation during an ongoing investigation. You are better off having the judge ticked off at you than CPS threatening to take your kids.

10.) A notarized document IS NOT A LEGAL DOCUMENT AND ISN'T WORTH THE PAPER IT'S WRITTEN ON.

But it sometimes can be used as evidence to prove that someone agreed to something if they haul you into court saying that they didn't.

11.) Your ex being a druggie/alcoholic/carnival clown etc. in and of itself is NOT a reason to deny visitation. You have to PROVE all this in a courtroom and have a judge order that the child doesn't have to go for visitation. This is, of course, if you already have a court order for visitation.

Again, CPS might be scarier than the judge if THEY are involved.

 

[LdiJ]

I have a couple more:

1) No, no matter how much your child wants to live with you 1000 miles away after being with you for summer visitation, you STILL have to send him/her back and file for a custody change in court.

2) If your court orders don't say anything about moving then you can move....but the ncp can still file to try and bring you back. Get the court's permission to move.

3) 9 times out of 10 the police won't help you on visitation matters and calling them just scares your kids. Take it to court.

4) Sometimes the police will help with CUSTODY matters...so ask.

5) Don't take legal advice from your EX!

 

[kidoday]

Unless CPS directly tells you to deny or supervise visitation during an ongoing investigation. You are better off having the judge ticked off at you than CPS threatening to take your kids.

LDIJ you are all wet on this one. CPS does not have any legal right to tell you to withhold visitation.

But it sometimes can be used as evidence to prove that someone agreed to something if they haul you into court saying that they didn't.

Again you are incorrect. Anything said out of the court room is not admissable. You can make agreement after agreement, until it is signed by the judge it means nothing.

For once respond with something you know about instead of trying to disect a post.

 

[LdiJ]

LDIJ you are all wet on this one. CPS does not have any legal right to tell you to withhold visitation.

Absolutely true. However CPS DOES have the power to take your kids and put them into foster care if you don't do what they say. I am well aware of what legal rights CPS has and doesn't have....and I would be far more scared of crossing them than of crossing a judge. Judges at least give you the chance to explain WHY you did what you did....CPS usually DOESN'T.

Again you are incorrect. Anything said out of the court room is not admissable. You can make agreement after agreement, until it is signed by the judge it means nothing.

Example: The ncp gives you permission to move and gives you a notarized letter to that effect. Two months after you move the ncp files for custody to bring you back claiming that he/she never agreed to the move.

For once respond with something you know about instead of trying to disect a post.

I wasn't dissecting the post, I was adding some info