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Childrens rights


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#1 Concernedfather2012

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Posted 06 April 2012 - 05:21 PM

I am going through a temperary custody case which involves my 3 children. My oldest child is 12 years old and has expressed to me she was questioned by my soon to be Ex's attorney about where she wants to live and other question pertaining to the same question. Does my soon to be Ex's attorney have the right to question my daughter?

#2 Concernedfather2012

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Posted 06 April 2012 - 05:30 PM

I forgot to say we live in Texas.


 


Any help would be appreciated



#3 Ted_from_Texas

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Posted 07 April 2012 - 12:13 AM

Anybody can ask anybody else a question.  Your daughter could answer or not, or lie or tell the truth, or refer the matter to either you or your soon-to-be-ex as she sees fit.  Anything she says is not binding on herself, you, your STBX, or your attorneys.  And whatever she says (or doesn't say) she's free to change her mind and say something else later.  The only thing she says that matters is what she says to the judge, assuming she's given the opportunity to address the court, and even then (given her age) it's up to the judge whether to assign any weight to what she says.


I wouldn't get too upset about this, but you may want to reassure her that whatever she said wasn't wrong, and discuss with her what she might or might not say if it happens again.  Personally, I think the very best thing she can say is something like "I don't appreciate you putting me in the position of having to choose between my parents," and leave it at that.



#4 pg1067

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Posted 09 April 2012 - 03:01 AM

I wouldn't call it a "right," but there's certainly nothing illegal about it (and, frankly, I'm at a loss to understand why you'd think there might be a problem with it).

#5 Concernedfather2012

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Posted 09 April 2012 - 03:26 AM

I have a problem with another adult who was hired by my soon to be ex nightmare questioning my daughter who is 12 years old. If you don't see an issue with someone questioning your child then I am frankly concerned about how you feel about protecting your children and seriously over look your statments as anything I would trust or put faith in.


If I was like you then no I would not care about who talked to my children and most likely would not be fighting for custody. But as I am the parent who has mainly raised my children I am very concerned for their sake in someone twisting their words and lying to them to make them believe negative things to sway their opinion. Which is what has been happening over the past 6 months.


 


Thanks everyone for your answers.



#6 pg1067

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Posted 09 April 2012 - 03:42 AM

Concernedfather2012 said...

If you don't see an issue with someone questioning your child then I am frankly concerned about how you feel about protecting your children and seriously over look your statments as anything I would trust or put faith in.

That's incredibly silly logic since the law has nothing to do with my personal views on this issue.  Nevertheless, if it makes you feel any better, I assume that a great many adults speak with and ask questions to my kids without my knowledge (and, therefore, without my consent).  I assume, however, that, when this does happen, it happens either at school or with my spouse's knowledge and consent.  I further assume that your spouse authorized his/her attorney to speak with and ask questions to your child, which is the reason I see no problem with it.  Let me ask you this:  if your attorney wanted to talk with your kids, would you tell him/her that you wanted to seek your spouse's approval before allowing it?


Concernedfather2012 said...


I am very concerned for their sake in someone twisting their words and lying to them to make them believe negative things to sway their opinion. Which is what has been happening over the past 6 months.



I would be very concerned about these things, but your original post did not raise these issues, so I obviously had no reason to think it might be a concern.  Nevertheless, it doesn't change the legality of the situation.



#7 Concernedfather2012

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Posted 09 April 2012 - 04:05 AM

Silly logic would be to start talking down to someone without having any information on the issue. I asked a legal question which had been answered so there was no reason for silly comments. Hopefully you actually have a life besides pestering people with serious issues.


Instead of automatically jumping on the pitty party for the spouse maybe you should either just answer the question or listen for more information. Jumping to assumptions, which is the lowest form of intelligence, is not the best approach to a situation.


On your comment about your spouse consenting. That's great but the fact is some people are not good parents and make horrible decisions.



#8 Tax_Counsel

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Posted 09 April 2012 - 05:48 AM

Concernedfather2012 said...

On your comment about your spouse consenting. That's great but the fact
is some people are not good parents and make horrible decisions.

Ok, it's true that some people are not great parents. Nevertheless, both parents have the same rights to allow their child to be questioned by their attorney without the consent of the other parent. I assume you'd want the ability to allow your attorney to talk to your child without needing the consent of your ex, wouldn't you? If so, why shouldn't she also have that same right?

It's not surprising that you think your ex is not a good parent and makes horrible decisions — lots of divorced people feel that way about their ex-spouses. But even if its true, she's still the child's parent and has all the same rights you have as the child's parent.



#9 Concernedfather2012

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Posted 09 April 2012 - 06:03 AM

Ok, it's true that some people are not great parents. Nevertheless, both parents have the same rights to allow their child to be questioned by their attorney without the consent of the other parent. I assume you'd want the ability to allow your attorney to talk to your child without needing the consent of your ex, wouldn't you? If so, why shouldn't she also have that same right?

It's not surprising that you think your ex is not a good parent and makes horrible decisions — lots of divorced people feel that way about their ex-spouses. But even if its true, she's still the child's parent and has all the same rights you have as the child's parent.


Understandable point of view and thanks for the input. I just prefer to leave my children out of this as much as possible.



#10 pg1067

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Posted 09 April 2012 - 06:46 AM

Concernedfather2012 said...


Silly logic would be to start talking down to someone without having any information on the issue.



Saying that I was at a loss to understand why you might think there would be anything illegal about it was not "talking down to" you.


Concernedfather2012 said...


Instead of automatically jumping on the pitty party for the spouse maybe you should either just answer the question or listen for more information.



I'm not sure what causes you to conclude that I "jump[ed] on the pitty [sic] party for [your] spouse.  I do not expect that, if I had not included the parenthetical in my original response, you would have provided the additional, negative information about your spouse.  Therefore, I don't see what the problem is.


Concernedfather2012 said...


Jumping to assumptions, which is the lowest form of intelligence, is not the best approach to a situation.



Making assumptions is sometimes unwise, but I hardly think it was unreasonable to assume that the communication between your spouse's lawyer and your child was arranged by your spouse.


I think it is far more silly that you purported to know so much about me that you felt competent to lob insults at me, as you did in your follow up post (e.g., "I am frankly concerned about how you feel about protecting your children" and "If I was like you. . . .").  You know nothing about what I am like.


Concernedfather2012 said...


On your comment about your spouse consenting. That's great but the fact is some people are not good parents and make horrible decisions.



I don't disagree in the slightest here.  However, for better or worse, your spouse is your spouse and the person with whom you chose to have three children.  Like it or not, your spouse will be making decisions regarding your children, many of which will be unilateral, at least until your youngest child reaches the age of majority.  If you want to argue that your spouse is so incompetent as a parent that the court should make a drastic custody order, you're free to do so.



#11 Concernedfather2012

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Posted 09 April 2012 - 08:56 AM

lol. pg1067 you must have a boring life to keep posting on this topic. I merely read it now because it is very amusing you feel you have to explain yourself.






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