I have seen A LOT of people these days trying to find out how custody battles really works these days!
First off what you need to know with out a doubt!
Custody battles ARE NOT how they use to be!
" Back in the day " Custody battles use to be between a man and a woman.
Fighting for their biological or adoptive children they have together.
No one else had rights to fight or try to fight you for your rights to your children.
.... If only that's how it still was.
Now days there's A LOT more to know and A LOT more to deal with when it comes to these type of issues and I mean A LOT!
I have been through a custody battle as well as dealt with other issues myself with all of the craziness.
People often come to me asking me these questions.
( Keep in mind I am NOT a lawyer and this is NOT legal advice please seek a lawyer for more information however as a parent and someone who has gone through this stuff myself I have asked a lot of questions and done a lot of research about laws and how things work and want to help those who are doing the same thing )
Do step parents have rights? in some states step parents have rights only if they can prove they have had a relationship with your children. but you can fight this.
Can a grand parent really take your kids away from you? grand parents have the rights if they fight for those rights and if they can get a judge to agree with they that they deserve rights to their grand children. In most cases they only get " rights or even visitation " if they can prove that they have had a past relationship with there grand children. such as the children lived with them ( even if you lived there too ) or they had been the child care provider for the child ( children ) for a good period of time or possibly any period of time depending on the judge.
Can my ex husbands ex wife really fight us for visitation of our kids just because she lived with him and was part of my kids lives for a year? In some states YES former step parents , if they can prove they had a relationship with the children can get rights or visitation with your kids.
Who has the right to be part of my kids lives? Honestly you as the biological parents have the rights to decide who is in your kids lives. though anyone can try to change those rights.
Do I get say in who is in my kids lives or not? That depends on if you have to go through a custody battle or not.
Do my kids have the right to say who they do or do not want in their lives? Yes your children at least the ones over the ages of 6 should be able to say what they want in their own lives. Most judges do take that into account.
Do I have the right to home school my kids? YES!! you can in EVERY STATE home school your kids and I would be more then happy to help you in any way I can learn your rights when it comes to homeschooling. States make it harder then others but you can home school your kids no matter where you live and don't let anyone tell you other wise.
Do I have the right to put my kids in year round school? Yes you can put your children in any school you decide to put them in. It is your right as their parent to give them the best education that they can get or that you can give.
Do I have the right to raise my children in the religion I want to? Yes however that doesn't mean that the world or this country is accepting of other religions.
What happens if my ex spouse passes away and his spouse try's to fight me for custody or visitation? You will have to go to court and deal with all of the issues that come with court and I am here to help you in any way that I can. contract me via email for more information.
What do I do if I'm still married and I want to leave the state? you can do one of two things. You can file for custody of the kid or kids before leaving the state or you can just leave. If you spouse or ex spouse wont be taking you to court for custody then they cant keep you in the state however. The state you leave still has jurisdiction over your kids for 6 months after you have moved out of the state. ( for every state )
If there is no legal custody of my kids can I move out of the state with out my ex spouse to be getting me in trouble? yes you can however you need to wait 6 months before you can file any custody in your new state.
What if my I have 2 children by 2 different men? Can the father of my youngest son take custody of both the kids even if one is not his biological child? Yes he can if he was the only father figure in the child's life for an extended period of time. If he acted as the father to the child who is not his he can fight you for rights to that child as well and NO even the biological father can not stop them from fighting for those rights. In most states 3rd party and or step parents can attempt top fight for rights or visitation of any child. Its all in the judges hands.
Keep in mind that I am NOT a lawyer and this is NOT legal advice!
I'm just another parent who has tried to learn as much as I can about the custody battle issues for
myself and my family. I try to help get others the information that they will need to help them
fight for their rights and what is best for their children.
I'm here to help if you need me email me at
stephanie@chawlife.com
No comments:
Post a Comment