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Old 31-05-2009, 22:12   #16
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Any update in your situation?

I have been concerned about similar consequences from our family's decision to live on a sailboat. There are no custody issues, my wife and I are in agreement about the whole thing. My concern is that our family (our parents, etc.) will not understand or approve, and take it upon themselves to contact CSD or some other agency?

I am eager to hear the outcome of your case. Best of luck, hopefully being a good father and having the law on your side will be enough.
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Old 31-05-2009, 23:11   #17
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Hi Shibbershabber,
No news yet. My relationship with my daughter has deteriorated (sp).. to where she won't talk to me at all now. I know it's coaching from the sunt and uncle that got temporary custody. The final hearing was on March 12, 2009 and the judge still hasn't signed a final order. I think he's trying to hold out until my daughter turns 18. He still have about 60 more days before he has to sign an order.

This is the worst nightmare I've ever been through. Just keep praying.
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Old 21-02-2010, 17:00   #18
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I was about to post a similar question and your situation really makes me happy we have different family laws in Australia.

Regardless, I think I know the answer to my own question and might take your advice and “shut up”.

(Also, after a few month break from working in the law, your situation makes me want to go back into practice!)

All the best!
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Old 21-02-2010, 20:07   #19
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Did your 16 year old daughter share the same enthusiam for living on a boat and cruising as you did?

My girlfriend's daughter, who is 15, would probably ask a judge herself if she could live with her Aunt if we suggested to her for a moment that we were going to move onto a cruising size boat.

I'll pray that it works out in your daughter's best interest.
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Old 21-02-2010, 21:02   #20
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Unless the judge is an inbred toothless moron....

1 you don't live on a boat
2 you don't have a boat
3 This is just discussion between you and your child.

The biggest thing you have going against you is that you are male.
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Old 21-02-2010, 21:34   #21
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wow I really must have missed a few things here, first off I thought I seen you are a lawyer, as a lawyer you would know how to research the law yourself and come up with the answers yourself. second in any state the child can not be taken away from the custodial parent without proof thet the child is/was in danger or neglect. The only reason that comes to mind to give them the right to do this in a CHINA case is you have shown some sign of a flight risk.

I am very sorry to sound so cold here but when it comes to custody of a child in the USA the court has limited powers when it comes to the removal of the child from the parent.

Dutch
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Old 21-02-2010, 22:39   #22
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@ Johnar, I don’t know if you are getting me and Daddy's Dream mixed up or read my post wrong?

My situation/facts are different; I have no issues with the court and I still have a residence on land. I can also assure you/anyone my daughter loves sailing/camping and is not neglected in my presence. Due the size of my current boat I am also not considering a long-term live-a-board especially with the child.

Regardless, if I was forced to do so, as you point out, in Australia this situation would probably still be in the “best interests” of the child (Family Law Act 1975).
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Old 21-02-2010, 23:31   #23
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Yes you are right I did think it was all about the same child/ father and I am very sorry.

It is just that I had to deal with the courts over my kids for a few years and learn alot.

In my case while I was at work my wife left the kids at the time (1 year old and other 2 year old) left in the bath tube alone and they got burn very bad, so bad the local hospital had to air lift them to a majure city with a burn unit.

The court tried to take the kids away from me making a claim the I did not leave the kids in reasable care. After Two years in court I wont my case but while the case went on they still tried to take the kids but I was able to stop it. In the state of Iowa it is called a ( CHINA Case) child in need. Like any normal person when this happen I went to get a lawyer but was told I did not need one due to the fact I never did anything wrong, my wife on the other hand did.

In the two years of court battles the judge gave me 8 counts of contempt but would never lock me up, they never took the kids from me but I did have to limit the visits my wife could have with the kids.

The reason for the 8 counts of contempt was over the power of the court, I showed that they did not hold any power over me and my custody. While this was going on it put so much stress on the marriage I ask for a divorce, without a lawyer I won my case very easy and did not even show up to the hearing, very strange case. There are very few places that have two county seats but where I live they had two. At the one court house the China case was going on but my wife got a lawyer to file for divorce in fear I was going after the kids well this lawyer filed the case in another city within the same county, due to my research I was able to prove the lawyer lied to both judges and won the divorce case even having the lawyer disbared for 6 months. As for the China case they made my wifes life hell for 4 years but finially back off me.

What I did learn most out of it all is that the courts will try and do things and unless you stand up for yourself they will walk all over you. Now days getting a Lawyer is not always the right answer.

You are so very right the Laws all go to " the best interest of the child " and I fully agree with this, but as a parent you do have rights also.

Dutch
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Old 22-02-2010, 01:54   #24
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Ive just come across this post and whilst I know im rather stupid about most social situations, I dont understand whats happening.

So, some random person thinks by taking your daughter to live on a boat your a crap parent and they can ask a judge if they can have your daughter instead?

Have i missed something here?

Who exactly is this third party or cant you say. All you have said is, its not the mother.

WHat happened to the land of the free and at the age of 15 and three quarters, doesnt your daughter have her own rights to decide what she wants, after all, she could get married in some states at age 14.
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Old 22-02-2010, 05:22   #25
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@ Johnar

No problems – I got the hint the wires must have been crossed somewhere. Then family law matters always carry a lot of emotion.

Nevertheless, it is commendable that the Act in Australia does it best to minimise harm to the children. That is why over here we tend to speak in terms of parental “responsibilities” and not parental “rights”. It is also interesting that another starting point is a presumption of shared parenting, which even gives responsible males a fair chance. The other good thing about our system is that it endeavours to resolve parenting disputes before they end up in court. While the system might not be perfect, at least it seems fairer than others.

@ Anjou

Influences including third parties are part of the reason why over here the children get appointed their own representative and why the court considers “independent” family reports. Again, not perfect, but at least a step in the right direction.

I note this is not legal advice. However, at least in Australia if you search the web you can find some great information on various family law sites geared at helping the average person through these difficulties.
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Old 22-02-2010, 07:14   #26
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Originally Posted by anjou View Post
Ive just come across this post and whilst I know im rather stupid about most social situations, I dont understand whats happening.

So, some random person thinks by taking your daughter to live on a boat your a crap parent and they can ask a judge if they can have your daughter instead?

Have i missed something here?

Who exactly is this third party or cant you say. All you have said is, its not the mother.

WHat happened to the land of the free and at the age of 15 and three quarters, doesnt your daughter have her own rights to decide what she wants, after all, she could get married in some states at age 14.
As is usual in highly charged cases such as this, I assume we are only getting a very limited amount of facts-- all from one side.

Nowhere in the U.S. are you going to have your child taken from you simply because you have expressed a desire to some day live on a boat. There has to be MUCH more to the story.

Whatever the actual situation, let's hope the welfare of the child guides all parties involved.

DGC
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Old 02-03-2010, 08:58   #27
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Our pediatrician threatened to call CPS on us because we were moving on to a boat when my son was little. We fired her.
She turned out to be a loser. She got pregnant by her new boyfriend, he split, she lost her job and ended up an unwed mother with a crappy job.
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Old 02-03-2010, 09:02   #28
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That was 10 years ago. I just googled her, she has a practice again and specializes in ADD & ADHD. Fitting since she has her own impulse control issues.
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Old 02-03-2010, 09:19   #29
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I have a very good friend in SF that practices family law, she drives a $100,000 BMW and carries a gun, and when we get together at the watering hole we yuck it up for hours.
By the time these cases get resolved, the children are adults, the adults are broke and crazy, and the lawyer and I are on our third martini.
Why would anyone want to raise a child when you could have cats.
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Old 29-07-2010, 05:24   #30
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I have a very good friend in SF that practices family law, she drives a $100,000 BMW and carries a gun, and when we get together at the watering hole we yuck it up for hours.
By the time these cases get resolved, the children are adults, the adults are broke and crazy, and the lawyer and I are on our third martini.
Why would anyone want to raise a child when you could have cats.
If you think raising cats and driving beamers compares to raising and loving a child I feel bad for you and your attorney friend.
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