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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> MT
Aug 07, 2003

Question:

I'm in the middle of a divorce right now. We have been seperated now for 2 1/2 years. Part of the reason it has taken me so long to file is because I have been waiting and watching to see if I should file for full custody of my daughter. I keep hoping she will come around and be the mother she needs to be for my daughter. A couple reasons lead to the seperation. One being finances. She spent every penny we made and then some leading to us having to file for bankruptcy a year ago. Second, she got hooked on pain pills while we were still living together. She did enter into rehab. I supported her through that but when she got out she all of the sudden had new friends and was staying out late at night and sometimes bringing these people home with her and partying all night. 3 months later we split. Right now we share time with our daughter. I have my daughter 1 more night than she does right now. My ex-wife is not very involved in her daughters day to day activities. She has missed all of my daughters bowling lessons, gymnastics classes and has already missed the first soccor game of the year. Did I mention my x does not have a job? It's not like she is to busy to get involved. She even missed my daughters first parent teacher conference. There has been times I've had to go pick up my daughter in the morning to take her to school because my x said she wasn't feeling well enough to get out of bed. My daughter has missed days of school. My x keeps saying it's because my daughter was sick. I think it is because she can't get out of bed to take her. I guess my question is, does any of this justify me being able to get custody of my daughter, and if so what would be the biggest points to concentrate on? I have 10 or 15 pages of notes that I have written in a note book of things she does that she shouldn' do and has been doing with my daughter. What else can I do to prove that she is not a good parent?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Montana. You certainly have a lot of ammunition to go into court with. It sounds like you will have a lot of witnesses to your daughter's life that can testify about your invovlement and care for her. That will be very important. It is not just about proving she has problems, you need to bolster what a good parent you are. Also be sure to document all of your time, activities, etc. with your daughter.

Nov 29, 1999

Question:

My friend has been diagnosed with PTSD, which occurred from abuse since infancy. A person he never married stated that she was pregnant with his child. He never disputed anything, even though he was skeptical of being the father. Since being in treatment, he would like to know if he is the father. Also, I believe that the amount of child support that he was told to pay must have been a mistake, because he has never worked on a regular basis, and has made on average medium to low wages. Now he owes for one child over $120,000.00. He is now living in an in house hospital, but with this hanging over his head, I don't see how he will ever be able to live, without becoming homeless again. He is a laborer, and after they take out everything, he has not enough to even live in the park. He has never gotten legal advise for any of this. Because of his illness, he just let people do whatever they wanted. Does he have a chance to get the amount he owes rectified, or will he always have to live impoverished where he ends up not working, and no one ends up with anything?

Answer:

I am not licensed to practice law in your state. I recommend you also seek the advice of a licensed attorney in your state as the law will vary from state to state. I am not certain of the age of the child but will assume that he or she is fairly old due the amount of back support owed. It is unlikely that your friend will be allowed to overturn paternity at this stage, although, it cannot hurt to look at the specific law in your state. His focus should be on modification of the current order and proper calculation of his arrears. Has he applied for or is he receiving SSD or SSI for his PTSD? If he is not receiving any disability he may want to apply. It is possible that his child will qualify for payment from his account. Also being on disability may reduce his child support obligation. The worst thing he can do is ignore the situation. I would recommend checking out a Legal Aid or Legal Services in your area that may represent him free of charge if he cannot afford to hire an attorney.

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