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Living Will Child Custody

November 17th, 2010 admin Leave a comment Go to comments




living will child custody
CHILD CUSTODY! well my son is 4 and will be 5 in sept. his father & i live in difrnt counties. we do share?

custody. i am not trying to take dad out of the pic by any means. i am the custodial parent with more custody. our son has been in pre k for a year already. teachers say that he is right where he needs to be at. dad does not want him to start school this year. i say yes he does. and he is starting this year in this district that we live in. so custody is going to change when he starts school. any experience on this. the age and what will happen when we go to the judge to change custody. dad should get every other wknd and a day during the week. dad has threatnd me that he will be getting FULL custody of my son just becuse HIS district has better SAT scores. he has NOTHING on me to take my baby away from me. this is soooooo stress full. HELP

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Actually, you are attempting to diminish the value of the father in the child’s life.

Stanford University
Divorce, Nontraditional Families, and Its Consequences For Children
“We know that children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their Parent.”

http://www.stanford.edu/~rmahony/Divorce.html

Fortune Magazine
“Ominously, the most reliable predictor of crime is neither poverty nor race but growing up fatherless.”

http://money.cnn.com/magazines/fortune/fortune_archive/1992/08/10/76732/index.htm

Father Makes Two
Time Magazine
By Margot Roosevelt Sunday, Nov. 11, 2003

http://www.time.com/time/magazine/article/0,9171,183968-1,00.html

Equal Time
How I divide my life between my divorced parents’ homes.
By Charlotte Juerge – Newsweek Web Exclusive – Dec 15, 2008

http://www.newsweek.com/id/174698

In the best interest of your child, consider switching to Bird Nest Custody.

It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.

The children simply live at “home” and the separated or divorced parents take turns living with them there, but never at the same time.

The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the “bird’s nest”. When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.

At times, bird’s nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.

Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.

The arrangement can be expensive as it generally requires that three separate residences be maintained, the “nest” and a separate residence for each parent.

The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird’s nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:

“In Lamont … the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known….

“Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house.”

http://tinyurl.com/GiveKidsAChoice

Daryl L. Kidd, PC, Family Law Attorneys in Marietta, GA


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