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mikeesik's Avatar
 
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Are there difficulties in finding an Atty. for a Child/Son?

Hello.
I've been going through an 8 year plus Divorce.
My Son at the beginning was less than 4.5 years old. Next week and a half he'll be 13.
He wishes to live with me and of course I do as well...for many years now.

This Divorce that he has experienced has gifted him to brutal physical injury -mom-and as he has gotten older -much bigger- and now it has evolved to mental anguish/abuse.

He and I are, and always have been Golden.
I will be going for absolute custody very soon.

I've been through the Canadian Gamut of Family Law-
Is it difficult to get an 13 year old intelligent Boy his own Attorney?

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Last edited by mikeesik; 03-06-2013 at 10:49 PM..
Old 03-06-2013, 07:03 PM
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There is a 'hidden' law in many states here in the US that reads once a child turns 13, he/she can decide for themselves on which parent they want to live with. Any possibility of that there?
Old 03-06-2013, 08:07 PM
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Mike, you seriously need to think before you type. Some of your comments come off as racist.
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Old 03-06-2013, 09:20 PM
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How the fk does a divorce case drag on for eight years? It sounds like legal malpractice if your attorney can't move things along a bit more quickly than that - having to put your life on hold for eight years is utterly stupid.
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Old 03-06-2013, 10:17 PM
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Quote:
Mike, you seriously need to think before you type. Some of your comments come off as racist.
I didn't mean anything by it.
Changed it upon your comment.
Regards.
Old 03-06-2013, 10:55 PM
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Thank you.
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Old 03-06-2013, 10:58 PM
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and Thanks for the heads up.
Old 03-06-2013, 11:00 PM
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Usually, the law requires the presiding judge take into consideration the wishes of the minor child. However, whether the child is mature enough to influence any decision about these matters is a decision also left to the judge.

Either way, a protracted and contentious custody fight will cause serious and long-term damage to the children involved especially if the warring parties disparage each other in the child's presence. In addition, it is nearly impossible to hide the animosity. The best thing is to carry yourself in such a manner as to instill respect for yourself, the mother, the child and the law. Ultimately, the truth will out but also the child will carry with him invisible scars that never heal. If you can consistently demonstrate, by example, the ability to salvage a successful life from this enormous challenge, so to, hopefully, will your son. It is the best you can do for him and for yourself.
Old 03-07-2013, 03:53 AM
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Mike,
I have great respect for you to go through that kind of anguish that long. I divorced my first wife but had no children by her. I cannot imagine the pain and anguish that you have endured. Crowbob is right on with his thoughts. Also the cost of legal fees over eight years without resolution is amazing.

Unfortunately your son will endure the scars but you can be strong for him and he will look up to you with respect. I have sent you a private message with my ph. number and we can go for a beer or a coffee some time if you would like.

Cheers...
Old 03-07-2013, 05:01 AM
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Quote:
Originally Posted by Crowbob View Post
Usually, the law requires the presiding judge take into consideration the wishes of the minor child. However, whether the child is mature enough to influence any decision about these matters is a decision also left to the judge.

Either way, a protracted and contentious custody fight will cause serious and long-term damage to the children involved especially if the warring parties disparage each other in the child's presence. In addition, it is nearly impossible to hide the animosity. The best thing is to carry yourself in such a manner as to instill respect for yourself, the mother, the child and the law. Ultimately, the truth will out but also the child will carry with him invisible scars that never heal. If you can consistently demonstrate, by example, the ability to salvage a successful life from this enormous challenge, so to, hopefully, will your son. It is the best you can do for him and for yourself.
Mike:

I am very sorry your are going thru a divorce: having gone thru that myself, I wouldn't wish that on anyone. The fact that you have been going thru this for a long time just adds to the stress. I can't speak for Canadian law, but in IL, USA the court heavily favors the mother regardless of her transgressions or mental well being. I considered sole custody but was advised against it. The best situation I got was joint custody. Unless wavied, child support is a mathematical calculation. I got divorced in 2010, my son at the time was 16. He lives with me today.

An open forum like this is the last place I would personally air any comment about a divorce situation.

Good luck!

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Old 03-07-2013, 07:08 AM
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