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I'm sure that the judge will side with you once he/she hears about the living situation. Not to mention, the judge may want to speak directly with your son in his chambers, so that may be an added benefit to your case. It really depends on how he feels about living with his mom out in the stix without power, phone, etc. If he's unhappy and the judge decides that you can make him happier, then you win. Otherwise, the judge's often like to keep the children with their mom. Anyhow, good luck with the proceeding.
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who in the right mind would put their own child in a situation in life? you'd think your ex would want the best for your son!
the way things are looking. i'm positive you'll get him back. and he will be much happier growing up like a normal kid should. big ups and good luck. |
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Shawn, you are a kick ass dad! Your kiddo is rad and I really hope this all works out =)
They say the courts tend to favour the mother in custody battles, but since you're lawyered up and she isn't (at least from the sounds of it there is no way she could afford one), you'll have this one in the bag. Best of luck! My sis's bf went through a similar battle with a deadbeat mother, and he came out with full custody. There is hope! |
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basically your ex would have to be shooting heroin,sucking cock AND beating your kid AT THE SAME TIME in front of a social worker in order for you to ever get full custody.
Its unfortunate, but its true.Again the Canadian judicial system has failed, especially in regards to family law. Be prepared for one hell of a fight and become better aquainted with the Family Justice Act and how it applies to you and your situation. Also, before a judge will set a court date they will try to get you to do mediation and or collaborative law. Mediation sucks, I speak from experience. Basically mediation adovactes for the devil and family justice workers try to manipulate you into agreeing to shit that you dont want to. Collaborative law in theory is much more effective however is rare, as a result youll be hard pressed to find lawyers that offer it. You must try all other outlets and have them fail before you will be granted a court date. Basically once a hearing is set a judge will tell you the same shit Ive just told you. the courts dont wanna see you, they dont give a shit. Seek advise from a lawyer and good luck :) Be prepared for a lot of headaches and heart ache. |
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statistically there are more deadbeat mothers than deadbeat dads, except the news only reports the other party in negative terms.
as well, the law bases child support on the arbitary annual wage of $30K a year, regardless of the guy's (lack of) employment. the thinking here is, "any man can get a good job". however, very little is out there on how to keep a good job and not screw up by acting out the stress in negative addictive ways. If you look carefully at the statistics, more serial killers and violent offenders grew up in single mother homes than not. Though, political leaders have signed to have more people killed in wars but that's a different kind of psychopathology. That's called "business as usual". I am not ragging down on good single moms, who form the majority of both the part-time workforce and the unpaid workforce at home, often sacrificing their right to be in the workplace according to their skillset to devote more time to raising decent kids. I am ragging down on mom's like Charles Manson's who ran away from home at 14 and was pregnant with him by 18, and became one of those alcoholics who trade sex for beer just to get out of the rain. I endorse full disclosure on this matter including the two "lost years" where you overpaid child support. The only way a judge would rule in the mom's case is if he was a pinko hippie lover. |
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*UPDATE*
Well it's a small victory but a victory nonetheless and a definite step in the right direction. As of the day my kiddo gets out of school for summer he will be coming down to live with me! It's only for the summer to start but I'll take it. I figure give him a chance to settle in here a bit and go from there. Surprisingly his mom actually thought about and agreed with a lot of my points (it took a while but hey, it worked in my favour right?) and she thought that this would be a good jumping off point. He'll be down here for the birth of his new baby sibling and that is just so exciting for me. Hopefully as summer draws to a close we can take a few more steps to having him down here for good. I'm literally more excited than words can explain! |
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^Of course. I'm not looking to take him away never to see her again. I'm just wanting to provide my son with the stability and social programs he so desperately needs. There is no question that she loves my son dearly so to try and take him away like that would be beyond cruel.
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I didnt say anything about access,but guardianship. If thus far she has proven to be unfit to make decisions for your son then is it really beneficial for her to still have that right to make decisions for him? |
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all too often the personal opinion or life experiences of the judge affect their ruling on cases. when my parents split it was pretty brutal. my father, who had played a minimal role mine and my big sisters lifes until the divorce presented it's self, managed to get custody. my father was unemployed for the 3 years leading to the divorce, during which he had tried and failed at several hairbrained scheme businesses. the judge gave custody of 2 girls, my sister who was 11 at the time and has downsyndrom and me a 9 year old girl who barely knew her father, to him rather than my mother who was employed by BC Ferries and had steady work and had raised us by her self for the most part. two girls who were entering into puberty very soon, were given to a dysfunctional father to take up to the mountains to raise. WTF? what went wrong there. the reason my dad got custody of us was because he somehow convinced the judge my mom wouldn't have enough fucking time to spend with us because she worked too much. so she had to pay ridculous amounts of child support to my father who to this day hasn't even attempted to find a job. at that time there was a law that children under a certain age couldn't decide where theywanted to lvie. i believe it was 11yrs. in the end my father turned out to be the worst place for me, and as i've said before in other posts, leaving his house when i was 13 or 14 was the best decision i'll ever make in my life. |
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