Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My wife and I are being investigated by Child Protective Services because of a non-physical domestic violence incident that was blown wildly out of proportion.

We recently learned CPS is taking us to court forcing us to participate in their "services" or else we will lose our children.

Can my wife and kids legally move out of state during a CPS investigation without fear of the agency coming after our children?

Last week's DadsDivorce Live focused on the issue of domestic violence against men.

Cordell & Cordell mens divorce attorney Heather Biagi discussed with DadsDivorce.com editor Matt Allen the prevalence of claims of domestic violence used in divorce and child custody disputes.

In part two of the two-part series focusing on domestic violence against men, Biagi shares divorce tips for men on how they can preemptively defend themselves from false allegations of abuse.

She also discusses the ramifications, if any, levied against the accusing party if the allegations are indeed proved to be false.

October is Domestic Violence Awareness Month and while most of the attention will be paid to abused women, DadsDivorce.com readers know all too well how prevalent domestic violence against men is.

Divorced dads also know about false allegations of abuse being used against them. Claims of domestic violence are increasingly common in divorce and child custody disputes because of the strategic gain to the accuser.

DadsDivorce.com editor Matt Allen discussed the perspective of domestic violence against men with Cordell & Cordell mens divorce attorney Heather Biagi, who shared divorce tips for men on how to handle false allegations of abuse.

Biagi also shared the correct way a man should go about making his case for domestic violence when he is the victim of abuse.

By Nathan A. Hacker

Divorce Lawyer, Cordell & Cordell

Hotly contested divorce and child custody battles are not cheap. There are divorce attorney fees, court costs, travel expenses, lost income from taking off work, and other financial expenses.

But what about the emotional damages inflicted by your ex-wife? If she committed false allegations or denied your visitation rights, can you sue her for damages?

In general, yes you can sue.

Whether you will be successful or the judge will toss your case out of court is a different question altogether. 

Question:

I was served with an emergency order of protection based on false allegations in order to keep me from entering our jointly-owned marital home.

I have no place to live with no stable income so I was thinking of renting my half of the home.

Will the court allow me to rent out a portion of the marital home if I have been kicked out but am still a joint owner of the property?