Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Andrea Johnson

Attorney, Cordell & Cordell

A very common question in custody cases is, when can my child decide which parent he/she wants to live with? 

According to some state's divorce laws, your child will never have the exclusive ability to make that determination until he/she has reached the age of majority or emancipates. 

In common practice, however, the courts will allow children who have reached typically the age of 14 to select the parent with whom they wish to reside. 

DadsDivorce.com editor Matt Allen asks some of the most common divorce questions to Cordell & Cordell attorney Dan Cuneo. Questions include:

• How old does a child have to be to decide where they want to live?
• Can my ex move out of state with our kids?
• How should I approach a case if I am handling it pro se?

You’ve heard the horror stories. In a desperate effort to improve her case for custody and to smear you, your ex falsely accuses you of physical and/or emotional abuse toward her and the children. The accusations catch you totally off guard and after denying it, you’re afraid that it comes down to a he said/she said scenario.

Well, mere allegations of abuse are not enough to deprive a parent of physical or legal custody of the children, but you will need to rebut any allegations with rebuttal witnesses and documents and point out why these allegations are just not true, according to domestic relations attorney Jennifer Paine with the law firm Cordell & Cordell, P.C.

Family courts are governed by the standard that everything needs to be in the child’s best interests, Paine said. If you can prove the allegations from your ex are false, that could be extremely damaging to her custody case since she will look like an unreasonable mother bent on keeping you from your children at all costs, according to Paine.

By Molly Murphy

Attorney

Cordell & Cordell

Custody battles are hard on kids of all ages.  It is especially hard for tweens and teenagers.  They are old enough to understand what court is, and that Mom and Dad are fighting over them.  Some children even become their parents’ confidantes or are used as a pawn between their parents. 

In this role the teenager, who is still a child, becomes a mediator.  Or, they become one parent’s staunchest defender.  Any of those roles is a hard place to be.  It is especially hard on teenagers, as they are still developing their own relationships with their peers.

However, be aware that getting your child involved in your case could backfire on you.

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a three-part series on children testifying. Click here to read Part 1 and click here to read Part 2.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the judge are what they tell you at home? 

And what if your spouse planted thoughts? How can you protect your rights? Can you?

You are not alone. Here are some suggestions.