QUESTION
What are the chances of getting visitation rights once my husband got full custody of my children?
Asked on Mar 11th, 2014 on Child Custody - Idaho
More details to this question:
I divorced my ex-husband 5 years ago. We went to court, had a guardian ad idem appointed, went to court she initially suggested shared parenting. My ex and I could not agree on who would get the actual "custodial" parent, so court was rescheduled. I went ahead and agreed my ex could have it so this court thing would cease. A week later I received a phone call stating my ex showed up for that scheduled court date which my attorney said had been canceled since an agreement had been reached and received full custody of my children. I was devastated. I went to my attorney and to the court, basically was told nothing could be done. There's much background to discuss and I had made some poor decisions but I was told that it all boiled down to the man I was married to at that time. I did go into a depression. I now see my kids very often. I am single, have an apartment where the kids stay. I am a registered nurse and currently a director of nursing with a good job. The man who has custody of my children today is asking me for additional money aside from child support. I asked him for partial custody, he said I will never get any rights to my children. Is he right? I pay full support and have NO rights at all right now. Please help me.
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need all the details before I could form a firm opinion. However it is clear that really need to have this reviewed by an attorney to determine what options you may have. Generally the rights of a parent to see their children are enforced.
Answered on Mar 12th, 2014 at 6:49 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, the word custody in WA applies only to other states and federal issues. That always goes to the person who has the majority of time. It makes no actual difference. What matters is the amount of residential time and decision making authority. You say nothing about those. You have no obligation to pay for anything not in the child support order. I suggest you retain counsel to at least review what you have so you understand it.
Answered on Mar 12th, 2014 at 5:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Based on the fact that he is allowing you to have overnights with your children and you are no longer married to the problem man, there has been a material and substantial change in circumstances. The court should probably give you more court-ordered time with your children. It may be somewhat expensive, but if you win, you will pay less child support. You really need to talk with a local family law attorney and go over the facts with him or her.
Answered on Mar 12th, 2014 at 11:46 AM