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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.

Ask a Divorce Lawyer: Do I need an attorney to draft my own motions?

Jan 21, 2010

Question: I would like to know if I might be able to obtain a draft of a previous Motion for Clarification (so that I can get an idea of the correct terminology) to draft one of my own in a proactive step to avoid any interruption with regard to my children's parenting schedule?

It is a Motion for Clarification of the Parenting Responsibilities and Parenting Time. I have to do this on my own, but don’t know where to find the previous draft.

No Pro Se - Don't Go It Alone

Dec 19, 2008

Through the Legal Looking Glass and Down the Family Court Rabbit Hole

by Richard Coffee, JD (Cordell & Cordell, PC)

The dissolution of marriage or the paternity determination process can be a journey through a maze of rules and requirements which can be illogical or contradictory, even by legal standards. Today’s family law statutes are a patchwork of compromises among politicians, legal practitioners, social advocacy groups, and other segments of society resulting in a system which makes Alice’s adventures in Wonderland appear completely sane, while leaving the uninitiated muttering the inscription on diminutive Alice’s very small cake (or on the Delta House homecoming parade float in Animal House).

Ask a Lawyer: How do I modify custody if my wife is jailed?

Jul 05, 2005

Question:

I have custody of my three children. My ex just recently went to jail. How can I change visitation and other items on the divorce degree? I cannot afford an attorney. Can I do this on my own?

Answer:

I suggest that you contact legal aid or an agency similar to Catholic Legal Charity. You can also contact the local Bar Association and attempt to find an attorney that will take your case pro bono or at a reduced fee. You can always file something pro se, but I would not recommend that to anyone. The facts in your case seem fairly straight forward if the children's mother is in jail for any significant period of time. However, there are procedures that can trip you up and issues that you may not consider.

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Ask a Lawyer: Reducing child support based on increased amount of visitation

Nov 29, 1999

Question:

My divorce was final a year ago. I didn't get an attorney and we just used hers. When they calculated the child support, they did it based on me having my children the minimum (every other weekend). I didn't really care what they put down because I knew my children wouldn't stand for that. During this year, I have had my kids (overnight and all) a minimum of 50% of the time. I have documented everything (I do this on everything, weight, blood pressure, vacation, workouts, I could go back 5 years) on spread sheets. I have also kept every email from my ex, many of which clearly state the plan that we should have the children 50/50. I go get them and take them to school, etc. I do the traveling 100% of the time. If I look at the amount I should be pay (online tables) it's clear I am paying way too much. My question is will this be hard to change? Of course, I will use a lawyer this time. Will the Judge say you can afford it so you can pay it? I make good money, and I re-married and my wife does well also. All I heard during the divorce is this is fair (she gets tons of money I worked hard for). Now I'm wanting to say...This is fair....FYI, she left me for another guy...which went South a long time ago.

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 Oklahoma. In general, a court will modify child support upon a showing of change of circumstances. It appears there has been a change of circumstances. I definitely advise that you seek counsel and file a Motion to Modify child support as well as custody. You will request a reduction in support, and a custody agreement that accurately reflects what you and your ex-spouse do with your children. Good luck.

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