Articles Tagged with custody

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Carolyn Woodruff

Dear Carolyn,

I read an article about a man who took marijuana to the courtroom in Greensboro. My ex-spouse smokes marijuana, and we are getting ready for a custody trial over our three-year-old. After my ex moved out, I found some drug paraphernalia the ex left behind in my home. I found a ceramic pipe, and I know what my ex used this for. I have never used drugs, and this is one of the reasons we broke up. I want to use this as evidence in my custody trial, but now I am afraid to take the evidence to court to show the judge. What should I do? The judge needs to see the evidence I have. I do not have an attorney, at least not yet. I don’t want to end up like Mr. Hussain, in jail.

Concerned

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Carolyn Woodruff

Dear Readers, two of you submitted very exciting questions in frequently misunderstood areas in the nuances of family law. Question one deals with custody as part of a Chapter 50B domestic violence protective order. The second question deals with cohabitation when you are the recipient of alimony under an order or agreement.

Dear Carolyn,

My 50B expired one year ago. It included custody of my then 2-year-old. After a period of time does that custody order become permanent if not contested by her father?

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Carolyn Woodruff

The fourteenth amendment of the United States Constitution creates the Parental Rights Doctrine. It is fundamental to our society that parents have the right to raise their children and the average American, I believe, has a longstanding commitment to parental rights. Except in extreme circumstances, parents have the fundamental right to parent a child and decide what is in the best interests of their own child (this article doesn’t address custody disputes between two good parents each of whom has a fundamental right to parent). This article does address the fundamental rights of parents over CPS.

In further advancement of the Parental Rights Doctrine, the United States Supreme Court has had moments of brilliance on this issue. For example, in Troxel v. Granville, 530 US 57 (2000), the United States Supreme Court aptly stated: “The liberty interest at issue in this case—the interest of parents in the care, custody, and control of their children—is perhaps the oldest of the fundamental liberty interests recognized by this Court.”

So where has the societal shift happened that has placed CPS so squarely in the middle of this fundamental right to parent? I believe the shift happened with the passage of the Adoptions and Safe Families Act of 1997 during the Clinton administration. In my opinion, that Act needs to be abolished and we need to return to the Social Worker Model for CPS, as contrasted to the current Law Enforcement Model. The Social Worker Model is “working with others to accomplish a goal.” Perhaps the CPS worker would suggest a needed service, such as counseling through Family Service of the Piedmont, a great organization.

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Carolyn Woodruff
Dear Carolyn, 

I am divorcing, and I have three children. I want joint custody. I expect to have half the time, and I think the mother will agree. While I know we need to have the schedule of when the children will be with each parent, I am looking for a checklist of considerations other than the schedule itself. What should my concerns be?

– Father of Three

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Carolyn Woodruff

Today’s Ask Carolyn addresses Borderline Personality Disorder and how it can affect the divorce process. Borderline Personality is a Cluster B personality disorder characterized by unstable behavior, moods, and relationships. BPD is challenging to deal with in relationships, and can become even more difficult during divorce.

Dear Carolyn,

My custody file is at least a foot thick at the courthouse.  I thought this would be the year that we were done with custody, but custody is an ongoing saga.  My children are 8 and 10 year old boys. Every time I think we are finished, my ex (the mother) files a new motion. She has fired every counselor and psychologist that she has had. She is always right about everything, in her opinion.  She is intensely angry. She has even been married again and divorced again in the five years that this custody battle has been going on.  The court gave me fifty percent of the time with my sons at the initial hearing and this has been confirmed by the court at every subsequent hearing.  She just filed another motion for primary custody this week. What do I do?

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Venn Crawford

One of my most popular posts last month was about crazy divorce stories, including the incredible saga that was the Wee Man’s Chronic Tacos custody hearing. Since so many people have been enjoying them, I’ve dug around the internet and found five more crazy divorce stories to delight and appall you.

Fighting Dirty

An ex-wife was too lazy to work – and not just on a career. To prove her laziness, the husband had his construction crew remove 5 to 6 truckloads of dirty laundry from the house and photographed them. He brought the photographs to the court as evidence to support his case in reducing his temporary alimony. It turns out that rather than washing any clothes, the wife had just been buying new clothes every week.

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Venn Crawford

There’s nothing quite like divorce to bring out people’s true colors (except maybe Monopoly), so unsurprisingly, there’s a lot of crazy divorce stories floating around. Below, attorneys, ex-spouses, and family members from Reddit share some of the ridiculous antics and plot twists they’ve witnessed, with stories ranging from hilarious to horrifying. If you think your divorce is crazy, check some of these out.

The Sticking Point

One couple took two hours to decide who would get the groceries left in their fridge. The groceries were worth about $40. The two hours spent with attorneys and mediators to distribute them? $1,000.

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Carolyn Woodruff

Dear Carolyn,

Hi, how are you? I have a question, my wife and I wanted to spend time with my stepson this summer but the father won’t let her get him. Can he stop her visitation?

Carolyn Answers….

Published on:

Carolyn Woodruff

Dear Carolyn,

I have a strange question for you Carolyn. In fact, it is almost unbelievable. My ex-wife and the mother of my precious child constantly fabricates that the child is ill. The child is constantly taken to the doctor with the Mother saying that the child had a fever “last night.” The doctor cannot find a fever. Once the Mother said the child had blood in her urine, and the child had to undergo all these tests and nothing was found. The Mother tried to have the tonsils taken out indicating medical problems that did not exist. The list could go on for the whole page, but I’ll spare further details. The Mother is a nurse, and I don’t understand why she is getting all the medical items regarding my child wrong all the time. I was in a divorce therapy class and someone piped up when I mentioned this: “does she have Munchausen Syndrome by Proxy?” This Mother thrives on the attention she (the Mother) gets when our child is sick.

Signed: Crazy, isn’t it?