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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.
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Jan 21, 2010

Question: I was granted primary custody of my children after there was sexual abuse at their mother’s house. While my kids were visiting me, with their mother/my ex present, I spanked my daughter with a belt for choking her brother. 

At the time, my ex told me it was ok with her if I disciplined my daughter in that way. The next morning, my wife took my daughter, who had small welts on her bottom, to the police and now the DCFS is investigating me for child abuse. 

Assuming they rule it was child abuse, what is the next step? Am I going to lose my children and return them to a home where sexual abuse has occurred multiple times? What should I expect from this?

 


Jan 06, 2009

by Jake Morphonios

There is a very simple trick, used all too frequently in family courts, that will almost always ensure the immediate elimination of a man's constitutional rights. Read more to find out if it can happen to you.

In acrimonious divorce and child custody disputes emotions are tense and tempers flare. Buoyed by litigious attorneys, each side engages in strategic maneuvers to gain the greatest legal advantage. Sometimes a parent, fearing a loss of control or custody over a child, crosses the ethically acceptable bounds of legal warfare. An unfortunate but all too frequently used tactic by mothers is to accuse the father of sexually molesting their child.


Nov 29, 1999

Question:

The domestic violence charges against me were dropped. Why was nothing done to my ex (at the time STBX ) for her false domestic violence charge?

Answer:

I cannot answer your question specifically to the laws of Ohio as I am not licensed in that State. Just because someone does not pursue a case or even loses at trial does not mean that the allegations were or were not true. The court cannot make the assumption that because the matter was dropped that the charges were necessarily lies. People dismiss cases everyday for various reason. Often they may not be able to locate an important witness, they may not be able to secure time off of work, or any of a thousand other reasons. If you expended attorney fees in defending the action, many jurisdictions will allow you to ask for your fees when the matter is dropped.

Nov 29, 1999

Question:

My wife and I have been separated for almost three years. During the custody battle, my wife wrongfully accused me of abuse in order to get full custody of or 3 children. She has tried to prove her case in 3 different courts(Long Island, Queens and Brooklyn). All of them were thrown out since there was no evidence - only accusations. This process took an awfully long time as we were trying to get a final custody order. My wife refused to sign the final order unless I agreed to a voluntary order of protection without admitting any guilt on my part. My lawyer advised me to sign just so we could go on and so I did. At this point, however, it is increasingly more difficult for me to arrange any kind of communication with my children. She often turns off their cell phone (which I pay for) and constantly passes angry messages though my children. My 10 yr old son is usually the one that gets involved and he is very uneasy with this role. I have no way to communicate with her or her family and that's very frustrating when, for eaxmple, I am stuck in traffic and might be late for pick up (public place) or need to get my son involved in conversations that are not pleasant . Therefore, I would like lift this order.What arguments are valid in lfting such an order?

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 New York. The chances of getting the Order vacated (lifted) are slim. But you do have a few options. One is try to modify the Order of Protection to allow you to communicate with her, relative to your children only. Second, you can file a Motion to Modify your custody arrangement based upon the change of circumstances (failure for her comminicate with you, involving the children, etc.). I suggest you contact an attorney to discuss proceeding with these options. Good luck.

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