How can my brother get more time with his son? 7 Answers as of September 19, 2011
My brother is on state disability due to controlled mental problem. He was asked to get long term disability from his work. They were married 11 years. His ex wife illegally stayed here until she got her citizenship two months ago and then divorced my brother. Now she applied for Social Security disability for her son 11 years old and my brother. She wants to get her son's state disability plus half of what my brother is getting from his disability. They have joint custody of their son. My brother wants to have his son every weekend but the spouse only allow him to have his son every other weekend.Free Case Evaluation by a Local Lawyer!
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Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
He should file an Order to Show Cause for modification of child custody and visitation, to seek the time he wants with the children. He would best be represented by an experienced Family Law Attorney.
Answer Applies to: California
Replied: 9/19/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
Your brother should contact a family law attorney to file an Order to Show Cause to request that he have additional time with his son.If there are present orders which state that he should have every weekend but that is not being allowed, he needs to bring that to the attention of the court.
Answer Applies to: California
Replied: 9/19/2011
Law Office of Joseph A. Katz | Joseph A. Katz
You need help. See the Court Facilitator in your local Clerk's Office. The ex-wife sounds like a fraud-nightmare. There is no law anywhere that says that she will receive half of your brother's disability, and he can get a court order for visitation by filing an Order to Show Cause, re: Custody and Visitation, along with either a divorce or a Paternity case.
Answer Applies to: California
Replied: 9/19/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
Your brother should file a motion requesting his weekend time share.
Answer Applies to: California
Replied: 9/19/2011
The Ghosh Law Group | Joanna Ghosh
Is there an existing custody order or did they just agree to joint custody informally? If there is no existing court order regarding custody and visitation, then your brother should file for a court order. If there is an existing order, then he needs to file papers to have the existing order modified. Either way, on a very basic level, whether or not your brother will get more time with his son will depend on what the court deems to be in the "best interest of the child." In general, the courts seems to abide by the principal that stable and consistent custody arrangements with their parents is in the best interest of a child. So make sure that your brother has convincing reasons for why the current arrangement should be changed so that the child will spend more time with him.
Answer Applies to: California
Replied: 9/16/2011
The Law Office of Erin Farley | Erin Farley
Your brother should file for a determination of a custody timeshare and for a determination of child support.
Answer Applies to: California
Replied: 9/16/2011
Law Office of James L. Miller | James Miller
You fail to say if there are any current custody orders or if the divorce is final. If there are custody order, either temporary or permanent, you need to look at those and see what the judge has ordered. Custody orders are modifiable at any time but you must show a reason why you want to modify them, in other words any change of circumstances that would persuade the court to change the orders. If there are no orders you can file to have orders established. Contact an attorney in your area for guidance.
Answer Applies to: California
Replied: 9/16/2011
