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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 >> child
Oct 05, 2005

Question:

My wife and I are in the process of a divorce. We have signed divorce, agreement and child custody papers and awaiting the final date. Wife is a pathological liar and cheated and is still dating a guy. The lies have now caused me to question the boyfriend's ability to be allowed around my 6-year-old daughter. Wife claimed he attempted to rape her one night, that he threatened to commit suicide (was going thru his own divorce) and the times he called the house and I spoke to him he was drunk. My wife's allegation of attempted rape was told to me and a mutual friend. She now claims it was a lie and that he no longer drinks and the suicide threat was a cry for help. I have asked during our separation that he be kept away from our daughter on the nights wife has her. Until recently this was met. Wife also is on anti-depressants and is prone to emotional outbursts. Is it possible to obtain a restraining order protecting my daughter from boyfriend based on the items I described? In our agreement I have kept custody of house as family residence, no alimony and agreed to daughter's education, medical etc. These items are also being kept in mind in regards to restraining order until divorce is final. Please help a confused, caring dad.

Answer:

I cannot answer your question specifically to the laws and statutes of Texas as I am not licensed in that State. Generally a restraining order is appropriate for a child only when the child is threatened. In the description, your Wife would have grounds for a retraining order, but many judges would not enter one on behalf of the child as she was not threatned, abused or neglected. I would suggest that you consider filing for a temporary order inside the divorce that sets forth restrictions on the boyfriend's contact with the child. The result would be the same as a retraining order, but would likely take more time to obtain. You could consider requesting the appointment of a Guardian Ad Litem to protect the interest of your child.

Mar 06, 2003

Question:

My divorce was final December 5, 2005 and per my divorce agreement, I am to pay my ex wife 12 monthly payments starting the first of every month. I am making my payments on time however, she is insisting that I owe her for December 1, 2005 payment. She is threatening to file a motion. Does she have any grounds?

Answer:

I cannot answer your question specifically to the laws of Texas as I am not licensed to practice law in that State. Generally the start date of the Order is the date when the Judgment is signed. You have a gray area if your Judgment does not address December. Since clearly the first was past, you have a good faith argument that December is not owed. I can not tell you anything for sure because the wording of your Judgment will rule, however it is likely she will file the Motion. It is diccult to say how a judge would rule. I suggest you talk to the attorney you worked with to resolve this discrepancy.

Mar 06, 2003

Question:

I have been divorced for a couple of years now. The order in my case refers to "liberal" parenting time for me (the father) and spells out the every-other-weekend schedule as a minimum. I have worked with my ex-spouse to get up to a point where I have both our boys two overnights a week and I have one of the boys one overnight a week (in addition to the two overnights for both of the boys). These nights are not consecutive so the boys are constantly moving back and forth between their mother's home and mine. I have been discussing a shard parenting schedule with my ex-spouse that would put us into a 50/50 arrangement with "blocks" of days/overnights for the boys at each parent's home. She has told me that "I will never agree to equal time". I have set up a mediation appointment with FOC and she has agreed to go to that. What should I expect from the FOC mediator? Will they be truly neutral or is it possible they may lean one way or the other (for or against equal parenting time)? On a related note I have been paying support based on the every-other-weekend schedule spelled out in the order as a minimum. This has never been the case. Should I be asking for a support review from FOC to adjust the support based on (at least) the two and a half overnights I have every week? If the order is changed to equal parenting time would the support also be adjusted due to the fact that I will be taking on more of the costs of directly caring for / supporting the boys while they are with me?

Answer:

I cannot answer your question specifically to the laws of Michigan as I am not licensed to practice law in that State. I am not familiar with FOC. A mediator is to be neutral. However, they are people like us and will have their own opinions too. Make sure you have all of the information you can tracking the current visitation, your proposed visitation, current income, as well as all of the involvement you have with the children, such as sports, doctor visits, parent teacher conferences. You want to be sure you come off as the loving and involved father that you are, and not someone looking to pay less in support.

Feb 06, 2003

Question:

I want to know if the State can collect money owed by my husband from me. I want to start sending in his child support from my personal checking account, but I don't know if they will start going after my account for my husband past due and current child support.

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed to practice law in that State. In most jurisdictions, the income and assets of a new spouse are not relevant to determining and collecting support. So I think it is unlikely, however since this is a state specific rule, I suggest you consult with an attorney to be sure.

Oct 06, 2001

Question:

I am fighting a dilemna regarding a request to increase child support. My child's mother just resigned from her position at work. She has a stressful job and does not really feel like jumping back into a position just because... She was carrying our child on her insurance, but asked that I take over while she is out of work. I am self-employed so it was cheaper for her than it would be for me. I have since added him to my insurance which costs me an extra $400.00 a month. She has asked that I cover her mortgage each month until she gets a job. She has always been a hard worker and I am not worried about her employment. Can she take me to court if I do not agree to help her out?

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 South Carolina. You are divorced from her or are not married to her correct? Then no she can not take you to court for her mortgage. As far as the child support, she can request that the Court order you cover support, but in general your child support obligation will decrease because it is such a huge commitment for you, assuming your income is the same and she can not prove a valid reason for her decrease in income.

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