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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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Nov 29, 1999

Question:

I was curious if I could restrict visitation from my son's grandmother due to her lesbian lifestyle? I am worried about the safety of my son around that lifestyle because I do not want anyone to sexually abuse my son in any way shape or form.

Answer:

I must preface this answer by saying I am not licensed to practice in Texas. Is there a court order granting your son's grandmother visitation? Some states do allow grandparents to petition for a court order of visitation but if there is no court order she does not have visitation rights. If she does have visitation rights it is unlikely those rights would be taken away based solely on the fact she is lesbian. Visitation is only going to be restricted if she is a danger to the child. If there is no history or abusive behavior it is unlikely that a court will prevent her from spending time with your son.

Nov 29, 1999

Question:

I am an E5 in the Marine Corps in California. My wife has left with all 4 of my children back to Oklahoma under the pretext that she is going to visit her parents while our kids are out of school. Now she is saying that she doesn't think this is going to work out and wants a divorce. She does not have a permanent residence or a job in Oklahoma, nor did she have one in California. She has only worked approx. 6 months of our 8 year marriage. I am able and willing to care for my children. Can I force her or get an order for custody of my children?

Answer:

I must preface this answer by saying I am not licensed in California or Oklahoma. Has a petition for divorce been filed yet? If not, you may want to consider filing in California before she does so in Oklahoma. Every state has different residency requirements for filing divorce. If she has only been in Oklahoma for a short time (few weeks or days) she may be waiting to meet the residency requirement to file there. If you file in California first you will force her to return to California to resolve the divorce. You could also file to have the children returned to California. I recommend consulting an Attorney in California to determine you best options.

Nov 29, 1999

Question:

I am the non custodial mother of three,the grandparents with custody have given me visitation problems in the past. Sring break starts tomarrow and I just found out. My court order is to follow the standard order of visitation plus a few modifications. Do I have the right to have my children for this vacation from school for half of the week? I can't afford a lawyer, but I need to get custody back of my children who I feel were wrongly taken from me under false information provin in our court dates. Is there help in that catagory? Thank-you very much for any information.

Answer:

I must preface my answer by stating I am not licensed to practice law in Ohio. Every state will have different laws pertaining to custody and visitation. If your court order awards you visitation over spring break and the grandparents did not allow the visits to take place they may be in contempt of court. You may want to request make up time if you missed the time over spring break. I would suggest putting such a request in writing and list specific dates you would like the make up time.

Nov 29, 1999

Question:

My wife wants to take our daughter (joint custody) to Tennessee for 3 months. I am afraid she will not return her. Is there a document we can both sign that will encourage her to return her?

Answer:

I must preface my answer by stating I am not licensed in Texas. In order to best answer your question I would need to see your current custody order. Do you have joint physical or legal custody? If you have joint physical custody, it will be very difficult to exercise your time if your child is in another state. Why is your wife going to Tennessee for such an extended period? If you agree to her going I would prepare an agreement which includes a parenting time schedule for you. It is not a good idea for your child to go 3 months without seeing you. Any agreement you and your ex prepare need to be approved by the court to be enforceable. It is not enough just have an oral agreement or a written agreement that is not filed with the court.

Nov 29, 1999

Question:

I have been married for 22 years. Two years ago, my wife moved to a separate part of our home. When I approach her to discuss anything, she yells at the top of her voice. My wife leaves her personal journal out for me to read as she writes about her need to pursue a divorce and just needs the courage to do so. I know that if I bring it up she will proceed. Before I consider bring it up, what should I consider in preparation? We have a home that is paid off, a large sum of money, and a 401K retirement. I make in excess of $200,000 a year and she owns her own business and grosses about $11,000. Would it be best for me to file for divorce or wait it our and allow her to do so? I have taken her to counseling, both times she refused to attend once the focus turned to her.

Answer:

I must preface my answer by stating I am not licensed in Colorado. You should also consult an attorney in your state as the law will vary. It is unlikely to make much difference regarding who files first when it comes to dividing assets. Generally, the marital pot will be determined as of the date of filing your divorce. So, the benefit to filing sooner rather than later is you may have fewer assets now than a year from now. If you anticipate that your wife's income will drastically increase in the near future then it may be worth waiting. Some states do award alimony and maintenance. Which may be based on your spouse earnings or earning ability. Her income may also be considered when dividing your assets.

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