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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

319.0. "Son wishes to live with his dad" by QUOKKA::58633::TRP271::Akermanis (Beam me up Scotty) Wed Aug 03 1994 08:42

My son no longer wants to live with his mother, not because of his mother, 
but mostly because of her significant other. Apparently my son does not like 
the way he is treated by him vs his own two sons which visit on a irregular 
basis.

Under the laws of Ontario, he can freely decide which parent he wishes to 
live with. Unfortunatley for my son, this is still a bit over two years away. 
He has indicated he is not willing to wait and wants to do something now 
about it....

I cannot afford a change in custody battle as I know my EX will fight this 
tooth and nail regardless of what my son wants. He wants to do something on 
his own, but doesn't know how to go about it...for him it wouldn't cost him 
anything to do so.

The million dollar question is, who/what/where does he go to have his own 
interests looked after? He seems quite determined to do something.

John
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319.1QUOKKA::26356::VLS_TEMP1Dan D(ingeldein)Wed Aug 03 1994 09:0410
    I take it you live here and she lives in Canada? That's gonna be a
    tough nut to crack! How do the laws read in Canada relating to
    jurisdiction? Are they similar to here? Do you know of any provisions
    for legal representation for a minor? It's been going on for a while
    here in the States so there must be a way to get your sons interest
    represented (short of getting a guardian ad litem here in the US, and
    which more often then not is a waste of money and time, most of the
    time!). I think we here in NCP need alittle more info to get a handle
    on potential solutions. IMO
    					Dan D
319.2QUOKKA::29067::HADDOCKSaddle RozinanteWed Aug 03 1994 10:287
    
    He might try checking with the Social/Human/Welfare Services people
    if there are any.  If he is indeed under the age limit, he'll probably
    have to have some reason for wanting the change other than  "I don't
    like the way I'm being treated".
    
    fred();
319.3Unhappy little guyQUOKKA::58633::TRP271::AkermanisBeam me up ScottyWed Aug 03 1994 11:5419
re: .1,

Both parties in Ontario, Canada (1 hour drive apart)

Fred,

I agree, the child must have better reasons than a dislike for the EXs' live 
in. Unfortunately at 9 years old, they do not see things the way the system 
would look at it. He just feels unhappy with his present situation and wants 
the NCP parent over the CP.

If the EXs' live in abuses him in any way, then you have something to work 
with, but there is no indication or mention of this occurring by him.

His only option may be to wait out the two years and then jump ship no 
questions asked.

John
319.4QUOKKA::26356::VLS_TEMP1Dan D(ingeldein)Wed Aug 03 1994 13:079
    Get into the library and do some research, or ask an attourney friend
    if they've ever heard of such a case, and if so, check out that case in
    your local law library (if you folks have access to such a thing up
    theya in "the great white north!). There's been a few cases here in the
    states where a minor has gotten their own legal representation but I
    can't remember all the details of how this was done (i.e the case in
    Fla where the teenage girl wanted to stay with her adoptive dad vs
    going with her bio parents). Just some ideas!
    					Dan D
319.5QUOKKA::3737::RAUHI survived the Cruel SpaWed Aug 03 1994 14:156
    If anyone can get an internet account, either thru dec or going thru 
    American, or Compuserve. There is a world of info!! I just go into
    a law libary via internet! I am impressed. There is family law in there
    too. And thats the best for the moment.
    
    
319.6Make sure son wants to move!QUOKKA::17576::PERRY_WMon Aug 08 1994 07:5516
    A co-worker of mine sued for a change of custody for his 13 yr old son 
    when the son said he wanted to live with dad.  The custodial mom had 
    moved to Florida and dad lived in New England where the divorce took place.
    After my friend spent 2000+ dollars the son decided to change his mind
    and the suit was dropped. My friend, the dad and his second wife 
    have very little money so the suit caused a hardship on them not to
    mention the custodial mom in Florida.   
    Morale of the story is to make sure your son is absolutely positive
    he wants to live with Dad. 
    My two precious children were moved 200
    miles away by a very inconsiderate custodial mom.  I would give 
    anything to see my two boys more than two weekends/month.
    Hope the next generation deals with these issues better than we have!
    
                                Good luck!
                                Bill Perry
319.7Still looking into how the local process works...QUOKKA::58633::TRP271::AkermanisBeam me up ScottyTue Aug 09 1994 10:0113
I have no plans to go for custody personally, one it is too expensive to 
begin with and second, if my son is determined enough, her is able to get 
free legal counsel of his own since he is a minor. Third, the ex would fight 
tooth and nail to prevent it.

However, once he is 12, the ex could do little if he initiates and jumps ship 
on his own accord. I guess the biggest question we have is, where does he 
start? Who to contact first?

Still looking into the who/what/how/where.....

John
319.8QUOKKA::3737::RAUHI survived the Cruel SpaTue Aug 09 1994 10:248
    As stated in other notes. In the USA, we can represent ourselves. It
    takes allot of work, and takes allot of scrotums (balls) to defend
    yourself in court. And you have to be 101% on the money to do so. And
    if you feel that there is good justifiable cause. Then do it. Go for
    it. The libaries are on line in many places. Like comuserve or america.
    There are local BB's about to like the Legal Beagle in Nashua.
    
    
319.9QUOKKA::29067::HADDOCKSaddle RozinanteTue Aug 09 1994 16:487
    Most of the various law books that I have seen have a section on
    "family law" or "domestic law", and under that a section on custond,
    support, etc.  You usually don't have to do all that much reading,
    but you do have to interprit the "legaleese".  Also it can be 
    emorionally difficult, especially when you find out justhow
    badly you've been shafted.
    fred()
319.10The truth....QUOKKA::58633::TRP271::AkermanisBeam me up ScottyWed Aug 10 1994 11:098
Fred,

Isn't that always the way, after the fact, you find out the real truth and 
realize you been given the short end of the stick. Makes you wonder after all 
the money you paid out what your lawyer really did for you and who's side 
they were really on here....

John
319.11QUOKKA::29067::HADDOCKSaddle RozinanteThu Aug 11 1994 09:007
    
    You're right about the lawyers.  The one big advantage about going
    pro-se (pro say,  representing yourslf) is that you _do_ have you're
    best interest at hart.  Lawyers tend to forget that _they_ are working
    for _you_.
    
    fred();